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Home My WebLink AboutCouncil Actions 05-20-96BUTLER 32'940 ROANOKE CITY CO UNCIL REGULAR WEEKLY SESSION MA Y 20, 1996 12:00 noon THE HO TEL ROANOKE & CONFERENCE CENTER R O,4NOKE BALLROOM ,4 GEND,4 FOR THE COUNCIL Call to Order -- Roll Call. Council Members Bowles and Parrott were absent. The Invocation was delivered by Katrina Martin, Member, Youth Services Citizen Board. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Ae The Members of Council participated in the 1996 Student Government Day program and luncheon. B. Hearing of Citizens Upon Public Matters: None. ROANOKE CITY CO UNCIL REGULAR WEEKLY SESSION MA Y 20, 1996 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order =- Roll Call. Council Member Bowles was absent The Invocation was delivered by The Reverend Donald E. Eshelmon, Pastor, Patterson Memorial Grace Brethren Church. ' The Pledge of Aliegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. The Mayor w.elcomed ali 1996 Student Government Day participants and presented T-shirts. File//80-175-304-467 M' Presentation of Awards of Financial Reporting Achievement to l.C. haei R. Crew, Manager of Accounting Serwces, and Joyce L. Sparks, Retirement Accountant. File #1-80 2 ' 2. CONSENT AGENDA C-1 C-2 (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication f~om Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #15-110-132 Executive Session. A report of the City Manager w/th regard to the number of tax-exempt properties located within the City of Roanoke. RECOMMENDED ACTION: Receive and file. File #79-169 C-3 C-4 A report of the City Manager with regard to the City's policy on responding to outstanding citizen requests for new curb and sidewalk improvements. RECOMMENDED ACTION: Receive and file. File #53-57-66-72-183-200-217 A communication f~om Gilbert E. Butler, Jr., Secretary, Roanoke City Electoral Board, transmitting an abstract of votes cast in the General and Special Elections held in the City of Roanoke on May 7, 1996. RECOMMENDED ACTION: Receive and file. File #40-132 3 C-5 Qualification of J. Darryl Burks as a Director of the Industrial Development Authority of the City of Roanoke for a term of four years commencing October 20, 1994, and ending October 20, 1998. RECOMMENDED ACTION: Receive and file. File #15-110-207 C .C. ouncii concurred in a report of the City Attorney requesting that OUB. Cl., convene m..Executive Session to discuss specific legal matters requiring the provision of legal advice b · . . ~ ,-o..~u~cs, uemg me terms anu conditions of legal docume.nts w~th a party desiring to use the public right- of-way, pursuant to Section 2.1-344(A)(7), Code of Virgi~'nia (1950), as amended. File #132 0 REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: Presentation of a Resolution on behalf of the Board of Directors of Center In The Square. James C. Sears, Ed.D., President and General Manager. (5 minutes) On b.e. haif of the Members of Council, the Mayor accepted a resolution from Bittle W. Porterfield, Vice Chairman of the Board of Di_r~ctors, Cente.r In The Square, conveying appreciation to the City of Roanoke for its support a.nd. encouragement in. connection with Center In The Square receiving one of 25 Na.tional Excellence Awards by the U. S. Department of Housing and Urban Development· File #80-178-425 4 Presentation of a proposal to change the color of the Mill Mountain Star from white to red each time a drag or alcohol related traffic death occurs in the Roanoke Valley. Brenda A. Airman, President, Smith Mountain Lake Regional Chapter, Mothers Against Drank Driving, Spokesperson. (5 minutes) The City Manager was requested to report to Council at its regular meeting on Monday, June 3, 1996, with regard to a recommended strategy for implementation of the proposal. File #20-67-76-80 c. Other Hearing of Citizens: None. 4. PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. CITY MANAGER: A briefing with regard to certain amendments to the Code of the City of Roanoke (1979), as amended, relating to implementation of a Rental Certificate of Compliance Program, which program provides for rental homing units in conservation and rehabilitation districts to be inspected for compliance with Building Maintenance Code standards. (10 minutes) The City Manager was requested to address concerns expressed by John C. Kepley, 2909 Morrison Street, S. E., with regard to Section 7-42, Display of Certificate~, and certain other minor modifications in the proposed Rental Certificate of Compliance Program, with a report to Council at its regular meeting on Monday, June 3, 1996. File #24-32-178-183-488 5 o iTEMS RECOMMENDED FOR ACTION: A report recommending execution of amendments to the Community Development Block Grant and HOME contracts with the City of Roanoke Redevelopment and Homing Authority for the administration of the HOME Investment Partnerships Program; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 32941-052096 and Resolution No. 32942-052096. (6-0) File #60-178-183-236 A report recommending conaanation of the Williamson Road Area Service District additional tax, and execution of a new agreement between the City and the Will/amson Road Area Business Association, Inc. Adopted Ordinance Nos. 32943-052096 and 32944-052096. (6-0) File #24-51-79-165-169-342 A report re~mmending execution of an agreement with Habitat for Humanity m the Roanoke Valley to provide funding for reimbursement of expenses associated with construction of seven new houses under provisions of the Vacant Lot Homesteading Program. Adopted Resolution No. 32945-052096. (6-0) File #72-178-236.399 A report recommending execution of a contract with Festival in the Park, Inc. Adopted Resolution No. 32946-052096. (6-0) File #58-69-169-31%352 6 A report recommending acceptance of the bid submitted by Wilbar Truck Equipment, Inc., in the amount of $120,081.40, for one new recyclables hauler and related equipment, to be used for continued implementation of the City's Recycling Program; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 32947-052096 and Resolution No. 32948-052096. (5-0, Mayor Bowers abstained from voting.) File #60-144-270-282-361-472 A report recommending acceptance of the lowest responsible bids submitted for tracks and related equ/pment for various departments; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 32949-052096 and Resolution No. 32950-052096. (5-0, Mayor Bowers abstained from voting.) File 05-60-144-183-270-361-472.514 A report recommending authorization to enter into a compact with additional localities to enable expanded regional enforcement of the decal ordinance. Adopted Ordinance No. 32951 on first reading. (6-0) File #5-106-322 6. REPORTS OF COMMITTEES: None. 7. UNFINISHED BUSINESS: None. 8. INTRODUCTION AND CONSmERATION OF ORDINANCES AND RESOLUTIONS: 7 Co do bo Ordinance No. 32900, on second reading, authorizing the City Manager to enter into an agreement authorizing the Northwest Recreation Club to construct a permanent addition to an existing structure at the Westside ballfield, upon certain terms and conditions. Adopted Ordinance No. 32900.052096. (6-0) File #67-165-304 Ordinance No. 32912, on second reading, author/z/ag acceptance of the dedication of a certain waterline easement across property located at or near Valley View Mall in the City of Roanoke, and owned by Sears, Roebuck and Co.; Valley View Associates Lhnited Partnership; Noro Valley View Associates, Ltd.; and Wal-Mart Stores,/nc., upon certain terms and conditions. Adopted Ordinance No. 32912-052096. (6-0) File #28-68-183-468 Ordinance No. 32913, on second reading, author/zing the dedication of a certain public utility easement to Appalachian Power Co., and the vacation by Appalachian Power Co. of certain portions of an existing public utility easement across City-owned property located at Coyner Springs, upon certain terms and conditions. Adopted Ordinance No. 32913-052096. (6-0) File #28-29-166-305-330-468 Ordinance No. 32914, on second reading, authorizing and providing for the lease by the City of five acres of City-owned property ha Fishburn Park to Blue Ridge Public Television, subject to certain terms and conditions. Adopted Ordinance No. :12914-052096. (6-0) File #67-166-373-448-468 A Resolution memorializing the late Art/e Levin. Adopted Resolution No. 32940-052096. (6-0) File #367 8 A Resolution changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, June 3, 1996. Adopted Resolution No. 32952-052096. (6.0) File #132 o MOTIONS AND MISCELLANEOUS BUSINESS: a. lnqulr/es and/or comments by the Mayor and Members of City Council. Council voted to reconsider its action relative to Resolution No. 32935-05.1396 adopted on Monday, May 1~, 1996, w..hich increased the salaries of the Mayor and Members of C~ty Council. The matter was tabled until the next regular meeting of Council on Monday, June 3, 1996. File #60.132 Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. CERTIFICATION OF EXECUTIVE SESSION. (6-0) Reappointed Sherman A. Holland, Thomas H. Mille.r, J. S.t..e.phen Shenard, and Caro!.yn Word as members of the Youth Services Cffizen Board for terms ending May 31, 1999. File #15-110-304 C.o. tm, cil req.uest, e.d that public notice be given as required by law that bids wm oe rece~veo in open session of the Council on Monday, June 17, 1996, for the award of a 20-year franchise to use the public fight-of-way for construction and mai.ntenance of.a gas distribution system, Council Member Parrott abstained from voting. File #28-117-458 9 ROANOKE CITY CO UNCIL REGULAR WEEKL Y SESSION MA Y 20, 1996 7:00p. m. CITY COUNCIL CHAMBER .4 GENDA FOR THE COUNCIL Call to Order -- Roll Call. Council Member Bowles and Mayor Bowers were absent. The Invocation was delivered by Vice-Mayor William White, Sr. The Pledge of Allegiance to the Flag of the United States of America was led by Vice-Mayor White. Welcome. Vice-Mayor White. Proclamation declaring Saturday, June 1, 1996, as "Stand for Children Day." File #3-304 Kenneth C. Kin. g, Jr., representing the Virginia Commonwealth Games, presented T-shirts. and a 1996 Commonwealth Games booklet to th~ Members of Couned. File #80-132-334 HEARING OF CITIZENS UPON PUBLIC MA'I"IERS; l0 PUBLIC HEARINGS' Public hearing on the request of Michael W. Wells to amend certain proffered conditions in conjunction with the rezoning of a parcel of land located at 3904 Vir~nia Avenue, N. W., identified as Official Tax No. 2761409; and that a 0.5-acre tract of land located at the rear of property identified as Official Tax No. 2761421 and fronting on Virginia Avenue, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Michael W. Wells, Spokesperson. The request was referred back to the City Planning Commission for further study, report and recommendation to Council, Council Member McCadden voted no. File #51 Public hearing on the request of Douglas E. Caton that a portion of a certain tract of land located at Official Tax Nos. 7090506 and 7090501, fronting Orange Avenue and King Street, N. E., be rezoned from C-2, General Commercial District, to RM-2, Residential Multi-family District, and RS-3, Residential Single-family Distr/ct, to RM-2, Residential Multi- family District, subject to certain conditions proffered by the petitioner. David C. Helscher, Attorney. The request for rezoning was denied, Council Members McCadden, Parrott, Wyatt and Vice-Mayor White voted no. File #51 Public hearing on the request of Lawrence H. Logan, Sr., that a certain tract of land located at 701 Salem Avenue, S. W., identified as Official Tax No. 1111118, be rezoned fi:om LM, Light Manufacturing District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Lawrence H. Logan, Sr., Spokesperson. Adopted Ordinance No. 32953 on first reading. (5-0) File #51 Public hearing on the request of Roanoke-Salem Business Center, L.L.C., that a portion of property identified as Official Tax No. 2761701, beginning at a point approximately 250 feet, more or less, south of Melrose Avenue, N. W., be rezoned bom C-2, General Commercial District, to ]PUD, Industrial Planned Unit Development District; property identified as Official Tax No. 2750101, fi-onting Polk Street, lq. W., be rezoned fi-om C-2, General Commercial District, to ]PUD, Industrial Planned Unit Development District; and property identified as Official Tax No. 2750102, fi-onting Michigan Avenue, N. W., be rezoned fi-om RM-1, Residential Multi-family, Low Density District, to ]PUD, Industrial Planned Unit Development District, subject to certain conditions proffered by the petitioner. Roy V. Creasy, Attorney. Adopted Ordinance No. 32954 on first reading. (5-0) File 051 Public hearing on the request of the City Plannintg Commission to amend Section 31-39, F~, of Chapter 31, ~, and Section 36.1-710, F. eg, a_ge/igxa~, of Chapter 36.1, Z~llliag, of the Code of the City of Roanoke (1979), as amended, to implement a Deferred Payment Program which will provide a deferred payment option to customers in the development community. John R. Marlles, Agent, City Planning Commission. Adopted Ordinance No. 32955-052096 and Ordinance No. 32956 on first reading. (5-0) File #24-51-200-252-289 A report of the City Manager recommending an amendment to the City Code establishing procedures for administration of a deferred payment program; and amendments to the Fee Compendium in connection therewith. Public hearing on the request of Northwest Recreation Club, Inc., for adoption of a measure in support of tax-exempt status on real property located at 1529 Williamson Road, N. W. James R. Cromwell, Attorney. Adopted Resolution No. 32957-052096. (5-0) File #79-137-165-169 12 Public hearing on the request of AMVETS - Post #40, for adoption of a measure in support of tax-exempt status on real property located at 911 Tazewell Avenue, S. E. Kenneth C. King, Jr., Attorney. Adopted Resolution No. 32958-052096. (5-0) File #79-137-165-169 Public hearing with regard to a proposed $50.00 iss~ance fee for a Business, Professional, and Occupational License, effective on and at, er January 1, 1997. Michael R. Crew, Manager of Accounting Services. Adopted Ordinance No. 32959 on first reading. (5-0) File #24-79-106-137-322 OTHER HEARING OF CITIZENS: Pamela Wagner, Director of Development, Art Museum of Western Virginia, appeared before Council and requested that the Art Museum be exempt from payment of the license tax for the sidewalk art show. The matter was referred to the City Manager and the City Attorney to negotiate the terms and conditions of an agreement. File #79-169-352 MaW F. Parker, CMC/AAE C~ty Clerk CITY OF ROANOKE Office of the City Clerk ·andm H. Eakin Deputy C~y C~rk May 28, 1996 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32900-052096 Ordinance No. 32912-052096 Ordinance No. 32913-052096 Ordinance No. 32914-052096 Resolution No. 32940-052096 Budget Ordinance No. 32941-052096 Resolution No. 32942-052096 Ordinance No. 32943-052096 Ordinance No. 32944-052096 Resolution No. 32945-052096 Resolution No. 32946-052096 Budget Ordinance No. 32947-052096 Resolution No. 32948-052096 Budget Ordinance No. 32949-052096 Resolution No. 32950-052096 Resolution No. 32952-052096 Ordinance No. 32955-052096 Resolution No. 32957-052096 Resolution No. 32958-052096 W. Robert Herbert City Manager May 28, 1996 Page 2 The aboverefemnced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 28, 1996 Wilbum C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32900-052096 Ordinance No. 32912-052096 Ordinance No. Ordinance No. Resolution No. 32913-052096 32914-052096 32940-052096 Resolution No. 32942-052096 Ordinance No. 32943-052096 Ordinance No. 32944-052096 Resolution No. 32945-052096 Resolution No. 32946-052096 Resolution No. 32948-052096 Resolution No. 32950-052096 Resolution No. 32952-052096 Ordinance No. 32955-052096 Resolution No. 32957-052096 Resolution No. 32958-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Wilbum C. Dibling, Jr. City Attorney May 28, 1996 Page 2 If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. CITY OF ROANOKE Office of the City Clerk MaW F. Parker, CMCIAAE c~ Sandm H. Eal, rt Deputy City Cl~ ~( May 28, 1996 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching COpy of the following measures that pertain to your department: Ordinance No. 32900-052096 Ordinance No. 32912-052096 Ordinance No. 32913-052096 Ordinance No. 32914-052096 Budget Ordinance No. 32941-052096 Resolution No. 32942-052096 Ordinance No. 32943-052096 Ordinance No. 32944-052096 Resolution No. 32945-052096 Resolution No. 32946-052096 Budget Ordinance No. 32947-052096 Resolution No. 32948-052096 Budget Ordinance No. 32949-052096 Resolution No. 32950-052096 Resolution No. 32952-052096 Ordinance No. 32955-052096 Resolution No. 32957-052096 Resolution No. 32958-052096 James D. Grisso Director of Finance May 28, 1996 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE C~y C~erk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin Deputy City Clerk May 28. 1996 Diane S. Akers Budget Administrator Office of Management and Budget Roanoke, Virginia Dear Ms. Akers: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32900-052096 Ordinance No. 32912-052096 Ordinance No, 32913-052096 Ordinance No. 32914-052096 Budget Ordinance No, 32941-052096 Resolution No. 32942-052096 Ordinance No. 32943-052096 Ordinance No. 32944-052096 Resolution No. 32945-052096 Resolution No. 32946-052096 Budget Ordinance No. 32947-052096 Resolution No, 32948-052096 Budget Ordinance No. 32949-052096 Resolution No. 32950-052096 Resolution No. 32952-052096 Ordinance No. 32955-052096 Resolution No. 32957-052096 Resolution No. 32958-052096 Diane S. Akers, Budget Administrator Office of Management and Budget May 28, 1996 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. F. P,,rker, CMC/AAE cay Cl~rk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin Deputy City Clerk May 28, 1996 William F. Clark, Director Public Works Roanoke, Virginia Dear Mr. Clark: I am attaching copy of the following measures that pertain to your directorate: Ordinance No. 32900-052096 Ordinance No. 32912-052096 Ordinance No. 32913-052096 Ordinance No. 32914-052096 Budget Ordinance No. 32941-052096 Resolution No. 32942-052096 Ordinance No. 32943-052096 Ordinance No. 32944-052096 Resolution No. 32945-052096 Resolution No. 32946-052096 Budget Ordinance No. 32947-052096 Resolution No. 32948-052096 Budget Ordinance No. 32949-052096 Resolution No. 32950-052096 Resolution No. 32952-052096 Ordinance No. 32955-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Mohday, May 20, 1996. William F. Clark, Director Public Works May 28, 1996 Page 2 If you have questions, please do not hesitate to cell me, Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk ~andra H. F. akin Deputy C~ty Clerk May 28, 1996 Lori S. Spencer Grants Monitor Roanoke, Virginia Dear Ms. Spencer: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32941-052096 Resolution No. 32942-052096 Resolution No. 32945-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMC/AAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy C~ Clerk May 28, 1996 Marsha C. Fielder Commissioner of the Revenue Roanoke, Virginia Dear Ms. Fielder: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32943-052096 Ordinance No. 32944-052096 Ordinance No. 32955-052096 Resolution No. 32957-052096 Resolution No. 32958-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F, Parker, CMCIAAE cay Cbrk CITY OF ROANOKE Office of the City Clerk 8~ndm H. Eakin Deputy City Clerk May 28, 1996 Gordon E. Peters City Treasurer Roanoke, Virginia Dear Mr. Peters: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32943-052096 Ordinance No. 32944-052096 Resolution No. 32957-052096 Resolution No. 32958-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Ma~ F. Parker, CMCIAAE C~ Clerk CITY OF ROANOKE Office of the City Clerk ~ndra H. Eakin r~p.ty c~y C~rk May 28, 1996 Robert H. Bird Municipal Auditor Roanoke, Virginia Dear Mr. Bird: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32943-052096 Ordinance No. 32944-052096 Resolution No. 32952-052096 Ordinance No. 32955-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE city clerk CITY OF ROANOKE Office of the City Clerk Sandm H ,;akin Deputy Ci* Clerk May 28, 1996 John W. Coates, Manager Parks and Recreation/Grounds Maintenance Roanoke, Virginia Dear Mr. Coates: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32900-052096 Resolution No. 32946-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE C~y Clerk CITY OF ROANOKE Office of the City Clerk 5andre H. Eakin Deputy City Clerk May 28, 1996 Dana D. Long, Acting Chief Billings and Collections Roanoke, Virginia Dear Ms. Long: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32914-052096 Resolution No. 32946-052096 Ordinance No. 32955-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMC/AAE C~y Clerk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy C~y C~rk May 28, 1996 Kenneth S. Cronin, Manager Personnel Department Roanoke, Virginia Dear Mr. Cronin: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32900-052096 Resolution No. 32946-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Glenn A. Asher, Risk. Management Officer MaW F. Parker, CMCIAAE cay Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 28, 1996 D. Darwin Roupe, Manager Supply Management Roanoke, Virginia Dear Mr. Roupe: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32947-052096 Resolution No. 32948-052096 Budget Ordinance No. 32949-052096 Resolution No. 32950-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. H:'*AG~NDA*dMAy.20A Mary F. Parker, CMCIAAE c~y c~r~ CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin ~,pmy city Ck~rk May 28, 1996 James A. McClung, Manager Fleet and Solid Waste Management Roanoke, Virginia Dear Mr. McClung: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32947-052096 Resolution No. 32948-052096 Budget Ordinance No. 32949-052096 Resolution No. 32950-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm EnG. Mary F. Parker, CMCIAAE ci~ cbrk CITY OF ROANOKE Office of the City Clerk 5andre H. Eakin Deputy C~y C~erk May 28, 1996 Charles M. Huffine City Engineer Roanoke, Virginia Dear Mr. Huffine: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32900-052096 Ordinance No. 32912-052096 Ordinance No. 32913-052096 Ordinance No. 32914-052096 Ordinance No. 32955-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMC/AAE city Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy city Clerk May 28, 1996 John R. Marlles, Chief Planning and Community Development Roanoke, Virginia Dear Mr. Marlles: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32955-052096 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, CM~C/~E Mary F. Parker, City Clerk MFP:sm Enc. pc: Martha P. Franklin, S,ecretary, City Planning Commission Mary F. Parker, CMCIAAE C~y C~,rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy C~y C~rk May 28, 1996 Jesse H. Perdue, Jr., Manager Utility Line Services Roanoke, Virginia Dear Mr. Perdue: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32912-052096 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Plrk®r, CMC/AAE c~y Clerk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy cay C~rk May 28, 1996 Robert F. Hyatt, Manager Nursing Home Roanoke, Virginia Dear Mr. Hyatt: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32913-052096 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE C~y Clerk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin Deputy Chy Clerk May 28, 1996 Andrea B. Krochalis, Manager Crisis Intervention Center Roanoke, Virginia Dear Ms. Krochalis: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32913-052096 The aboverefemnced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMC/AAE C~y C~rk CITY OF ROANOKE Office of the City Clerk 8andre H. Eakin Deputy Cay Clerk May 28, 1996 Willard N. Claytor Director of Real Estate Valuation Roanoke, Virginia Dear Mr. Claytor: I am attaching copy of the following measures that pertain to your department: Resolution No. 32952-052096 Resolution No. 32957-052096 Resolution No. 32958-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE c~y Clerk The Honorable Arthur B. Crush, Clerk of Circuit Court Roanoke, Virginia CITY OF ROANOKE 8andra H. Eakin Deputy City Clerk Dear Mr. Crush: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32943-052096 Ordinance No. 32955-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE c~y c~r~ CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy City Clerk May 28, 1996 Ronald S. Albright, Clerk General District Court Roanoke, Virginia Dear Mr. Albright: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32943-052096 Ordinance No. 32955-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Offi¢® of th® Ci~ Clerk ~ndra H. Eakin Deputy ¢~ty Cl~rk May 28, 1996 Michael Meise Acting Law Librarian Roanoke, Virginia Dear Mr. Meise: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32943-052096 Ordinance No. 32955-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F, Parker, CMC/AAE C~y Clerk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakln Deputy City Clerk May 28, 1996 Patsy A. Bussey, Clerk Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Ms. Bussey: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32943-052096 Ordinance No. 32955-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. M,,ry F. Parker, CMCIAAE c~ c~rk CITY OF ROANOKE Office of the City Clerk 8andra H. F. akin Deputy City Clerk May 28, 1996 Bobby D. Casey Office of the Magistrate Roanoke, Virginia Dear Mr. Casey: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32943-052096 Ordinance No. 32955-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to call me. Sincerely, p~ Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Mary F. Parker, CMC/AAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 28, 1996 The Honorable Donald S. Caldwell Commonwealth's Attorney Roanoke, Virginia Dear Mr. Caldwell: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32943-052096 Ordinance No. 32955-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the ¢i~ Clerk Sandra H. Eakin Deputy C~y C~erk May 28, 1996 Evelyn D. Dorsey Zoning Administrator Roanoke, Virginia Dear Ms. Dorsey: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32955-052096 The abovereferenced measure was adopted by the Council of the City'of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to call me. Sincerely, ~. Fe.~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. CITY OF ROANOKE Office of the Cily Clerk Sandra H. Eakln Deputy City Clerk May 28, 1996 The Honorable Roy B. Willett, Chief Judge The Honorable G. O. Clemens, Judge The Honorable Clifford R. Weckstein, Judge The Honorable Diane McQ. Strickland, Judge The Honorable Richard C. Pattisall, Judge The Honorable Robert P. Doherty, Judge Twenty-Third Judicial Circuit Roanoke, Virginia Dear Judge Willett, Judge Clemens, Judge Weckstein, Judge Strickland, Judge Pattisall and Judge Doherty: I am attaching copy of the following measures that pertain to the Circuit Court: Ordinance No. 32943-052096 Ordinance No. 32955-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Miry F. Pirker, CMCIAAE c~ CITY OF ROANOKE Office of the City Clerk Sandra H. F. akin Deputy C~y C)erk May 28, 1996 The Honorable Julian H. Raney, Jr., Chief Judge The Honorable George W. Harris, Jr., Judge The Honorable John L. Apostolou, Judge The Honorable Vincent A. Lilley, Judge The Honorable William D. Broadhurst, Judge General District Court Roanoke, Virginia Deer Judge Raney, Judge Harris, Judge Apostolou, Judge Lilley and Judge Broadhurst: I am attaching copy of the following measures that pertain to the General District Court: Ordinance No. 32943-052096 Ordinance No. 32955-052096 The aboveraferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Psrker, CMCIAAE C~y Clerk CITY OF ROANOKE Office of the City Clerk 8andre H. Eakin Deputy C~y C~rk May 28, 1996 The Honorable Joseph M. Clarke, II, Chief Judge The Honorable John B. Ferguson, Judge The Honorable Philip Trompeter, Judge The Honorable Joseph P. Bounds, Judge Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Judge Clarke, Judge Ferguson, Judge Trumpeter and Judge Bounds: I am attaching copy of the following measures that pertain to the Juvenile and Domestic Relations District Court: Ordinance No. 32943-052096 Ordinance No. 32955-052096 'The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 28, 1996 Ronald H. Miller Building Commissioner Roanoke, Virginia Dear Mr. Miller: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32941-052096 Resolution No. 32942-052096 Resolution No. 32945-052096 Ordinance No. 32955-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE c~y CI, rk CITY OF ROANOKE Office of the City Clerk ~ndm H. Eakin D~puty City C~rk May 28, 1996 George C. Snead, Jr., Director Public Safety Roanoke, Virginia Dear Mr. Snead: I am attaching copy of the following measures that pertain to your directorate: Resolution No. 32946-052096 Resolution No. 32952-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mary F. Parker, CMCIAAE C~y C~erk CITY OF ROANOKE Office of the City Clerk ~ndm H. Eakin Deputy c~ c~erk May 28, 1996 Kit B. Kiser, Director Utilities and Operations Roanoke, Virginia Dear Mr. Kiser: I am attaching copy of the following measures that pertain to your directorate: Ordinance No. 32912-052096 Ordinance No. 32913-052096 Ordinance No. 32914-052096 Budget Ordinance No. 32947-052096 Resolution No. 32948-052096 Budget Ordinance No. 32949-052096 Resolution No. 32950-052096 Resolution No. 32952-052096 'The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. MFP:sm Sincerely, Mary F. Parker, CMC/AAE City Clerk Enc. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin Deputy City Clerk May 28, 1996 Glenn D. Radcliffe, Director Human Resources Roanoke, Virginia Dear Mr. Radcliffe: I am attaching copy of the following measures that pertain to your directorate: Ordinance No. 32913-052096 Resolution No. 32952-052096 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Mary F. Perker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy C~y Clerk May 28, 1996 Melvin G. Morton, Acting Manager Juvenile Detention Home RoanOke, Virginia Dear Mr. Morton: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32913-052096 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 21, 1996 File #175-304-467 Miss Cristina Pruitt c/o Patrick Henry High School 2102 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Cristina: It was a pleasure meeting you on Monday, May 20, and sharing activities as we participated in Student Government Day. I hope the experience was as enjoyable for you as it was for me. I wish you tremendous success as you strive to meet your goals in life. With warmest regards, I am Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm PRESENTATION OF PLAQUE AND CERTIFICATES OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING The Certificate of Achievement for Excellence in Financial Reporting has been awarded by the Government Finance Officers Association to Michael R. Crew, Manager of Accounting Services, for the City of Roanoke, and to Joyce Sparks, Retirement Accountant, for the City of Roanoke Pension Plan. The Certificate of Achievement for Excellence in Financial Reporting is the highest form of recognition for state and local governments; and the Certificate program thereby advocates that recipients be formally recognized for their outstanding accomplishments. A Plaque recognizing Achievement for Excellence in Financial Reporting has also been presented to the City of Roanoke for its Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 1995. This plaque is presented by the GFOA to government units and public employee retirement systems whose comprehensive annual financial reports achieve the highest standards in government accounting and financial reporting. (NOTE: PLAQUE IS TO BE PRESENTED TO MIKE CREW IN JIM GRISSO'S ABSENCE.) GOVERNMENT F~NANCE OFFICERS ASSOCIATION 180 North Michigan Avenue. Suite 800, Chicago. Illinois 60601 312/977-9700 · Fax: 312/977-4806 March 22, 1996 NEWS RELEASE Stephen Gauthier (Chicago)--The Certificate of Achievement for Excellence cial Reporting has been awarded to: CITY OF ROANOKE For information contact: (312) 977-9700 in Finan- by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR) . The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and finan- cial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual designated as primarily responsible for preparing the award-winning CAFR. This has been presented to: MICHAEL R. CREW, MANAGER OF ACCOUNTING SERVICES The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving 12,625 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. 30 - WASH~NGTON OFFICE 1750 K Street. N,VV., Suite 650, Washington. DC 20006 202/429-2750 · Fax~ 202/429-2755 PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING The Certificate of Achievement for Excellence in Financial Reporting is the highest form of recognition for state and local governments. The Certificate program thereby advocates that recipients be formally recognized for their outstanding accom- plishments. If you would like a formal presentation of the Certificate of Achievement plaques, you should contact your GFOA State Representative. Your representative,s mailing address and phone number is as follows: J. Jeffrey Lunsford Director of Fiscal Management County of Montgomery P.O. Box 806 Christiansburg, VA 24073 703/382-6960 DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24(111-1594 Tclephol~e: (540) 981-2444 Fax: (540) 224-3145 April 1, 1996 The Honorable Members Roanoke City Council Roanoke, Virginia of Dear Members of Council: I am pleased to provide you with the enclosed correspondence dated March 22, 1996, from the Government Finance Officers Association of Chicago, Illinois, acknowledging that our City of Roanoke Comprehensive Annual Financial Report for the fiscal year ending June 30, 1995, qualified for a Certificate of Achievement for Excellence in Financial Reporting, the highest form of recognition in governmental accounting and financial reporting attainable. The award also primarily recognizes Michael R. Crew, Manager of Accounting Services, under the Director of Finance, for his special work in achieving this award. I know that Council will want to take the opportunity to acknowledge Mr. Crew and Mr. Grisso for the fine work they have performed on behalf of the Council and the citizens of our City. Best personal regards to each of you. Sincerely, Mayor DAB:jas:js Enclosure pc: James D. Grlsso, Director of Finance Michael R. Crew, Manager, Accounting Services GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/@77-9700 · Fax: 312/977-4806 RECEIVED MAYOR'8 - March 22, 1996 The Honorable David A. Bowers Mayor City of Roanoke P.O. Box 1220 Roanoke, Virginia 24011 Dear Mayor Bowers: We are pleased to notify you that your comprehensive annual finan- . r the fiscal year ended June 30, 1995 qualifies cial report fo ........ ~ ~ ellence in Financial for a Certificate ot Acnlevem=~u =~ ~xc Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Michael R. Crew, Manager of Accounting Services. The Certificate of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1995 Certificate Program results are enclosed. We hope that your example will encourage other government offi- cials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINAIqCE OFFICERS ASSOCIATION ~au~t h'ie~ Director/Technical Services Center SJG/kas Enclosures WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 ° Fax: 202/429-2755 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of May, 1996. No. 32940-052096. A RESOLUTION memorializing the late Artie Levin. WHEREAS, the members of this Council have learned, with sorrow, of the passing on May 3, 1996, ofArtie Levin, Roanoke's "Mr. Fitness"; WHEREAS, Mr. Levin's exercise program in which he stressed the importance of staying healthy ran for nearly twenty-five years on WDB$, Channel 7, WSLS, Channel 10, and WFXR, Channel 27, and during this time Artie Levin became a Western Virginia institution; WHEREAS, Mr. Levin's show ran in an era when television stations produced local shows with local talent, and Artie Levin, an extremely friendly and popular man, became a local celebrity; WHEREAS, Mr. Lenin also authored a column, entitled "Keep Fit", which ran in the Roanoke Times for many years; WHEREAS, Mr. Levin, a world rated tri-athiete in his age category, maintained a strict exercise regimen well into his 70% with a weekly schedule of 150 miles of bicycle riding, 15 miles of running and five miles of swimming, and in 1992, he won the 75-and-over age group of the Central Florida Sprint Triathion, one of the many athletic events he participated in across the country; WHEREAS, Mr. Levin was an active member of the Roanoke Valley Community, serving in many capacities in the Blue Ridge Bicycle Club, the Roanoke Conference of Christians and Jews, Beth Israel Synagogue, B'Nai B'rith, Roanoke Valley Together, the United Jewish Appeal and Roanoke Sewish Community Council; and WHPREAS, this Council desires to take special note of the passing of this distinguished Roanoker; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Council adopts this means of recording its deepest regrets at the passing of Artie Levin, Roanoke's "Mr. Fimess", and extends to his son, Dr. Larry Levin, of Boca Raton, Florida, and his daughter, Cindy Levin Goldstein, of Roanoke, the sympathy of this Council and that of the citizens of this City. 2. The Clerk is directed to forward an attested copy of this resolution to Dr. Levin and Mrs. Goldstein. ATTEST: City Clerk. DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W. Room 452 Roanoke, Virginia 2401 I-1594 Telephone: (540) 981-2444 Fax: (540) 224-3145 May 20, 1996 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:sm May 20, 1996 The Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Subject: Report on Tax-Exempt Properties Dear Mayor Bowers and Members of City Council: You will recall at the December 11, 1995, regular meeting of City Council, Council Member White requested a report on the number of tax-exempt properties located within the City of Roanoke and when the matter should receive further review by Council. The following information provides a summary of tax-exempt properties according to four different categories: Organizations Paying a Service Charge in Lieu of Taxes, Agricultural Land-Use Program, Elderly/Permanently Disabled Homeowner Real Estate Tax Freeze Program, and the Partial Tax Exemption on Rehabilitated Buildings. The table below provides data pertaining to organizations paying a service charge in lieu of taxes during the fiscal year 1995-1996. A total of 116 non-governmental organizations are operating under the tax-exempt program. These organizations, were they not tax-exempt, would have paid a total of $289,037.70 in real estate taxes. Prior to the enactment of the Service Charge Program, the figure of $45,842.65 represents the revenue which the organizations would have paid if a service charge were required. With the establishment of the Service Charge Program, six of the 116 organizations were required to pay $11,964.96 for fiscal year 1995-1996 as a service charge in lieu of taxes. Organization Type Charitable Fraternal Educational Community Service Community Service Total Organizations Operating Under the Tax-Exempt Program Fiscal Year 1995-1996 City of Roanoke Number of Taxes Service Charge Service Charge Organizations Exempted Revenue Lost Revenue for FY Prior to 1995-1996 Program Enactment 5 $13,098.27 $2,619.66 7,642.25 0 1 787.20 0 80 173,967.51 34,793.54 0 6 59,824.74 0 11,964.96 116 $289,037.70 $45,842.65 $11 The Agricultural Land-Use Tax Relief Program requires that a property must: be at least 5 acres in size, bc currently used for agricultural purposes, and have bccn used for agricultural purposes for thc previous five years. Currently, there are 23 owners (29 parcels/applications) participating in the program resulting in approximately $95,000 in foregone tax revcnnc. The Elderly/Permanently Disabled Homeowner Real Estate Tax Freeze Program provides tax relief for elderly and/or permanently disabled homeowners. To qualify, individuals must bc either 65 years or older or permanently disabled with an annual combined gross income of husband and wife and relatives living in thc dwelling not exceeding $26,000. In addition, the combined net worth of husband and wife and relatives living in thc dwelling must not exceed $75,000. Currently, citizens are receiving tax relief on approximately 2,300 parcels resulting in a tax loss estimated at $436,000. The Partial Tax Exemption on Rehabilitated Buildings provides for tax exemptions when buildings 25 years or older are improved to increase the assessed value. To qualify, the assessed value must be increased by no less than 40% for residential structures and 60% for commercial or industrial structures without increasing the total square footage of the existing structure by more than 15%. Current rehabilitated property tax exemption results in approximately $104,000 in foregone tax revenue. If you arc interested in additional information on the City of Roanokc's tax relief programs, please let mc know. WRH:LJFAf Sincerely, W. Robert Herbert City Manager May 20, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Citizen Requests for Curb and Sidewalk At Council's meeting on April 1, 1996, Councilman White requested information with regard to the City's policy on responding to outstanding requests for new curb and sidewalk improvements. This was at least in part the result of a recent newspaper article concerning the longstanding request from Geneva and William Johnson for curbing on 22nd Street, N. W. For many years the City Engineering Department has maintained a list of locations where citizens have requested curb, gutter and sidewalk improvements. This is maintained on a computer file which currently covers eleven and one-half pages. The Johnson's live at 1115 22nd Street, N. W., which is included on page two of our list. The locations are listed alphabetically by quadrant, and the estimated cost to construct was over $10 million as of March 1995. Since that date additional requests have been received with an estimated construction cost of approximately $76,000. Concerning many of the earlier requests, we do not know the name of the citizen or even if they still reside in the City. Obviously, new curb and sidewalk is a popular item with City residents. Some requests are related to drainage concerns, some to pedestrian activity and others for aesthetic reasons. As part of three (3) of the last four (4) capital improvement bond issues~ funds have been included for these improvements (1985 - $1,100,000, 1988 $1,000,000; 1996 - $1,000,000). Attachment A identifies the locations of new curb and sidewalk projects with the 1985 and 1988 bonds and the first phase of the most recent bonds just approved for construction. Neighborhood organizations have been invited to assist the City in the selection of locations for the improvements in each bond program. Approximately $700,000 remains available from the 1996 bonds for construction in the next 2 years. On March 4, 1996, Council received a report from the City administration describing a new procedure which has been initiated to evaluate requests for new curb and sidewalk. An effort is being made to objectively prioritize locations so as to make the maximum use of available funds. Attachment B summarizes the criteria which are used to evaluate each request. The new process has been endorsed by the Roanoke Neighborhood Partnership Executive Committee. Mayor BOwers and Members May 20, 1996 Page 2 of City Council The City has an extensive list of Currently unfunded projects in the Program are summarized as follows: Bridges Buildings Economic Development _ Parks Public Schools _ Storm Drains _ Streets and Sidewalks Miscellaneous Civic Center Fund Transportation Fund - capital improvement needs. City's Capital Improvement $ 5,322,719 15,630,000 50,735,000 19,434,500 58,905,000 26,885,702 20,853,718 9,100,000 18,161,200 .. 2~131~000 $227,158,840 While many citizens are interested in curb, sidewalk, there obviously are many capital improvement gutter and needs in the City. Most certainly strong consideration will continue to be given to including funds for such public infrastructure in future bond issues. It still will likely be a number of years, if ever, before all requests for such improvements can be accommodated. The same could be said for neighborhood Storm drain improvements, new traffic signals, park and recreation facilities, etc. Hopefully we have explained the City's process for dealing with citizen requests for new curb and sidewalks, and our dilemma in attempting to be responsive and proper stewards of taxpayers funds. WRH:WFC:pr Attachments cc: Mary F. Respectfully, W. Robert Herbert City Manager Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance James D. Ritchie, Assistant City Manager William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Glenn D. Radcliffe, Director of Human Development George C. Snead, Director of Public Safety Charles M. Huffine, City Engineer John R. Marlles, Chief, Planning & Community Development Attachment A BOND CURB AND SIDEWALK PROJECT~ 1985 BONDS: Bond Phase I April 28, 1986 Contract. $466,164.25 Duddin Street S.W. from Windsor Ave. to Memorial Ave. - on west side sidewalk and curb & gutter ~ from Spessard Ave. to Livingston Rd. - on west side sidewalk SDrino Road, S.W. from Brambleton Ave. to Woodlawn Ave. - on east side sidewalk Sorino Road, S.W. from Woodlawn Ave. to 3116 Spring Rd. - on east side sidewalk and curb & gutter ~ from Crystal Spring Ave. to Rosalind Ave. - on north side sidewalk and curb & gutter 19th St. S.E. from Dale Ave. to Tazewell Ave. - on east side sidewalk and curb & gutter Tazewell Ave., S.E. from 1631 Tazewell Ave. to 19th St. - on south side sidewalk and curb & gutter 5th St.. N.W. from Shenandoah Ave. to Gilmer Ave. - on east side sidewalk and curb & gutter Shenando h Ave. N.W. from 2nd St. to 5th St. - on north side sidewalk and curb & gutter Loudon Ave., N.W. from 8th St. to 9th St. - on south side sidewalk and curb & gutter 8th St., N.W. from Centre Ave. to Loudon Ave. - on west side sidewalk and curb & gutter ~ from Park Prop. Une to Winsloe Dr. - on north aide sidewalk and curb & gutter ~ from Fleming Ave. to Crittendon Ave. - on east side sidewalk and curb & gutter ~ from Tazewell Ave. to Jemison Ave. - on east side sidewalk and curb & gutter ~ from 8th St. to 11th St. - both sides sidewalk and curb & gutter Bond Phase II February 2, 1987 Contract. $320,055.00 $355,090.63 after Change Order No. 3 11th St. S.E. from Highland Avenue to Murray Avenue - both sides curb and gutter ~from Murray Avenue to Montrose Avenue - west side curb and gutter Murray Avenue to alley - west side sidewalk alley to Montrose Avenue - east side curb and gutter Murray Avenue to south property ~ine 1008 ~ from 11 ½ Street to 9th Street - south side entrances 11 ½ to alley - south side curb and gutter alley to 11th Street - north side curb and gutter 11 ½ Street to 11th Street - north side curb and gutter 11th Street to 1022 property line - north side curb and gutter alley to 9th Street - south side curb end gutter 11th Street to Jackson Jr. High property line ~ March 7, 1988 Contract- $361,554.00 r~13JEL~l~ from Windsor to approximately 150' north of Brandon Avenue, S.W. - both sides curb replacement - both sides sidewalk replacement as required - north side curb and gutter fill in all gaps between Greenwood Road & Cantebury Rd., S.W. - south side sidewalk fill in between existing at Lakewood Park & Mt. Vernon Rd., S.W. - north side curb and sidewalk replacement between 6th St. & 13th St., S.E. - south side curb and sidewalk replacement between 4th St. & 13th St., S.E. - west side curb and gutter replacement between Tazewell Avenue & Stewart Avenue, S.E. Bond Phase IV Downtown Phatei June 12, 1989 ~ from Courthouse to YMCA . - north side Contract. $461,500.00 KIr-~i-~-V,.~I]~ from Jefferson Street to Second Street - west side from Kirk to Church Avenue - east side end of brick walk to Church Avenue - west side Campbel Avenue to Salem Avenue - west side alley to Salem Avenue Second Street S.W. - east side Franklin Road to Luck Avenue - east side Kirk Avenue to entrance of parking lot - east side Kirk Avenue to Campbell Avenue First Street S.W. - east & west sides Kirk Avenue to alley - east & west sides Luck Avenue to alley Bond Phase V Downtown & 14th Street Phase II April 9, 1990 Contract - $256,287.50 Luck Avenue S.W. - north side Third Street, S.W. at parking lot - both sides Second Street, S.W. to First Street, S.W. - both sides First Street, S.W. to Jefferson Street - west side Luck Avenue, S.W. to alley - west side Luck Avenue, S.W. to WSLS entrance Kirk Avenue S.W. - both sides Jefferson Street to First Street, S.W. - west side Montrose Avenue, S.E. to Morton Avenue, S.E. 'This is a project identified aa a Neighborhood Storm Drain Project and listed on the Capital Improvement Program. it is presented in the manner to benefit from the savings realized in the scale of a project of this nature. ~ March 16, 1992 Contract- $242,220.00 ~ from 7th Street, S.W. to 10th Street, S.W. - both sides curb & sidewalk replacement as required ~ from Waeene Avenue, S.W. to Floyd Avenue, S.W. - west side flt~ in curb and sidewalk and replacement as required B~iJ]]]~l~ from Hamilton Avenue, S.W. to Walton Avenue, S.W. - east side curb and sidewalk ~,~LI0JL~,~ from 7th Street, S.E. to Norfolk Avenue, S.E. - south side curb and sidewalk replacement as required ~ from and including entrance at old Kroger store, Melrose Avenue, N.W. - west side curb and entrance replacement as required STREETS ADDED TO PROJECT: Cam b II Avenue S. · from lOth Street, S.W. to 12th Street, S.W. - both sides curb and sidewalk replacement and new as required 8th Street S.W. from Campbell Avenue, S.W. to Marshall Avenue, S.W. - east side new curb and sidewalk replacement es required - west side new curb - alley to Marshall 1996 BONDS: Phase I CURB: March 18, 1996 Contract - $285,950 Brooklyn Ave., N.W. - curb 22nd St., N.W. - curb - Fill-in 1400 Block Woodlawn Ave., S.W. - curb - Fill-in 3100 Block including Eastside Rosewood Woodlawn Ave., S.W. - curb - Gilford to Oregon 6th St., S.W. - west side from Allison to Walnut - curb 23rd St., S.W. - curb - Jefferson to Richelieu 5th St., S.W. - curb - Woods to Allison Albemarle, S.W. - curb - Fill-in 300 Block SIDEWALK: Hollins Road, N.E. - east side from Kyle to Pocahontas - sidewalk Moorman Rd., N.W. - south side 12th to 13th - sidewalk Preston Ave., N.W. - sidewalk - Existing to Recreation Center Weatwood Street, N.W. - sidewalk from Salem Turnpk. to existing @ School Lincoln Ave., S.W. - east side from Carter to Alley - sidewalk CURB & SIDEWALK: Melrose Ave., N.W. - curb & sidewalk - Fill-in @ 1622 Uontrose Ave., S.E. ~ curb & sidewalk - Fill-in 1100 Block 31st Street, N.W. - curb & sidewalk - Fill-in Melrose to Salem Turnpike Attachment B Crftede For Curb and Sidewalk Improvements The following criteria will bl used to consider your request. In completing your application, you Should try to give ua information that will help us review the situation in your area. Will the improvement correct a serious public safety hazard? Is curb and/or sideWalk t'ha only way to correct the problem? L~vel of Reeiclant/Nai-hhnrhn4~d ~.ean,~ la eve~ household affect~ in suppo~ of the project? Have they been contacted? Dose the neighbo~ood organization, if there il one, support the project? II the project In axtanlion of existing curb or lideWllk? Will the improvement correc't I drlinege problem? Will It CeuM a drainage problem? For sldewllk only, II the IO~ltton within 1/2 mile of a Ichool? I$ the improvement recommended by I City Council-adopted plan such se Roanoke Vision, · natghborho~l plan, of Cal~itel ImProvemante Program. -----.. ,--~,,gmnoeq useJgn OIltrtct, or Enterprise Zona? Will the proJiNN enhance eceeMIbillty in accordance with the Americana with Oilab#itise the co~t of the project high cempired to the benefit gain~l? How many householdl Ire Iffected? MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 21, 1996 File #40-132 Gilbert E. Butler, Jr., Secretary Roanoke City Electoral Board P. O. Box 1095 Roanoke, Virginia 24005 Dear Mr. Butler: Your communication transmitting an Abstract of Votes cast in the General and Special Elections held in the City of Roanoke on May 7, 1996, was before the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. On motion, duly seconded and adopted, the Abstract of Votes was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc; Shelva S. Painter, Registrar The Honorable Arthur B. Crush, III, Clerk of Circuit Court Roanoke City Electoral Board May 10, 1996 Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Secretary Mrs. Mary F. Parker city Clerk Room 454, Municipal Building Roanoke, VA 24011 Dear Mrs. Parker: Pursuant to Section 24.2-675 of the Virginia Election Laws, attached is a certified copy of the abstract of votes cast in the General & Special Election held in the City of Roanoke on May 7~ 1996. Yo~y truly, G~lbert~~~'B~etary ABP:bw/97 Attachment pc: Arthur B. "Bert" Crush, Clerk of Court Room 109, Municipal North 215 Church Avenue, S. W, Roanoke, Virginia 24011 (540) 981-2281 Fax (540) 224-3025 P. O. Box 1095, Roanoke, Virginia 24005 ABSTRACT OF VOTES cast in the City of Roanoke ., Virginia, 'at the May 7, 1996 Special Election for: Mai/or Names of Candidates Total Votes Received (In Figures) J. P. "Pat" Green David A. Bowers 5,423 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 7, 1996, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: David A. Bowers Given under our hands this A ~opy teste.- 8th day of May, 1996. . Chairman . Vice Chairman Secretary, Electoral Board City of May 7, 1996 Special Election Page __ of__ Total Votes Received Names of Candidates (In Figures) A~Sq~ACT OF VOWS cast in the City of Roanoke ., V~rginia, the May 7, 1996 General Election for: Member Citv Council ENTER APPROPRIA'I~ OFFICE TITLE AND, IF APPLICABLE, BOROUGH, DISTRICT OR WARD Names of Candidates David K. Lisk Alvin L. Nash Carroll E. Swain James O. "Jim" Trout Linda F. Wyatt Joseph F. "Joe" Nash, Jr. "Mac" McCadden Total Votes Received (In Figures) 4,774 5~064 5,897 5~428 6~486 4 ~.3R1 ] CONTINUE ON REVERSE SIDE, IF NEEDED We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 7, 1996, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: Linda F. Wyatt Carroll E. Swain James O. "Jim" Trout Given under our hands this A copy teste: day of May, 1996. ~'~-'~--~7~~ , Chairman , Secretary Secretary, Electoral Board City of May 7, 1996~4 General Election Page__ of Total Votes Received Names of Candidates (In Figures) Roanoke , Virginia, ABSTRACT OF VOTES cast in the City of at the May 7, 1996 General Election for: Member £itv £ollncil (For une×nired tmrm tn end ,1line 30, 1998) SNT~R APPROPRIATE OFFICE TITLE ~VD, IF APPLIC~,BLE, BOROUGH, DISTRICT OR WARD Names of Candidates Jeffrey h. "Jeff" Artis C. Nelson Harris Total Votes Received (In Figures) 3,387 7,220 CONTINUE ON REVERSE SIDE, IF NEEDED We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 7, 1996, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, detemine and declare that the following person(s) have received the greatest number of votes cast for the above office in said election: C. Nelson Harris Given under our hands this A copy teste: 8 th day of May, 1996. '~-'~./~)/i~_~ , Chairman Secretary, Electoral ~a~ City of Names of Candidates May 7, 199~ General Election Page of __ Total Votes Received (In Figures) MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 21, 1996 File #15-110-207 W. Bolling Izard, Chairperson Industrial Development Authority of the City of Roanoke P. O. Box 18165 Roanoke, Virginia 24014 Dear Mr. Izard: This is to advise you that on May 2, 1996, J. Darryl Burks qualified as a Director of the Industrial Development Authority of the City of Roanoke for a term ending October 20, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Margaret R. Baker, Secretary, Industrial Development Authority of the City of Roanoke, 310 First Street, S. W., Roanoke, Virginia 24011 Sandra H. Eakin, Deputy City Clerk ?03 224 3145 P.02 RpR-29-i996 10:24 CITY CLERK'S OFFICE Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, I. Darryl Burks, do solemnly swear (or affirm) that I will support the Constitution of the United Start. s, and the Constitution of ~ Commonwealth of Virginia, and that I will faithfully and imparti~lly discharge and perfot'lll all the duties incumbent upon me as a Dir~or of thc Industrial Dcvclopment Authority of the City of Roanoke, for a term of four years commencing October 20, 1994, and ending October 20, 1998, according to the best of my So help mc God. ability. Subscribed to and sworn to ARTHUR B. CRUSH, 111, CLERK TFIT~ p./2~ WILBURN C. DIBLING, JR. CJTY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 2,4011-1595 TELEPHONE: 540-981-2431 TELECOPIER: 540-224-3071 May 20, 1996 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mayor Bowers and Council Members: This is to request that City Council convene in Executive Session to discuss specific legal matters requiring the provision of legal advice by counsel being the terms and conditions of legal documents with a party desiring to use the public right-of-way pursuant to ~2.1-344(A)(7), Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, City Attorney WCD:f cc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Mary F. Parker, City Clerk Mary F, Perker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 21, 1996 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a proposal presented by Brenda A. Altman, President, Smith Mountain Lake Regional Chapter, Mothers Against Drunk Driving, to change the color of the Mill Mountain Star from white to red each time a drug or alcohol related traffic death occurs in the Roanoke Valley, which proposal was before the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. On motion, duly seconded and adopted, you were requested to submit a report to Council at its regular meeting on Monday, June 3, 1996, with regard to a recommended strategy for implementation of the proposal. Sincerely, Mary F. Parker, CMC/AAE' City Clerk MFP:sm Enc. pc~ Brenda A. Altman, President, Smith Mountain Lake Regional Chapter, Mothers Against Drunk Driving, P. O. Box 11282, Roanoke, Virginia 24022-1282 Mothers Against Drunk Driving P.O. Box 11282 · Roanoke, VA 24022-1282 · (540) 977-5380 · (540) 576-1923 · FAX: (540) 977-5265 SMITH MOUNTAIN LAKE REGIONAL CHAPTER April 23, 1996 Ms. Mary Parker City Clerk City of Roanoke 215 West Chumh Avenue Roanoke, VA 24011 Dear Ms. Parker: As President of the Smith Mountain Lake Regional Chapter of Mothers Against Drunk Driving, I would like to request time on the agenda of the Roanoke City Council meeting scheduled for May 20 at 2:00 p.m. Our group represents the City of Roanoke and the New Century Region, and we wish to make a proposal to members of City Council at that time. We would appreciate your help in placing us on the agenda. Please feel free to call me at (540) 977-5380 if you need any further information. Thank you for your assistance. Sincerely, Brenda A. Altman President Division of Motor Vehicles RAYSAC Regional Fire/EMS Local Law Enforcement Officials Local Healthcare Providers Local Legislators Local Chambers of Commerce Local School Superintendents MAY 7, 1996 ROANOKE CITY COUNCIL MUNICIPAL BUILDING ROANOKE, VA. TO MEMBERS OF CITY COUNCIL: AS A MEMBER OF MOTHERS AGAINST DRUNK DRIVING, I AM REQUESTING YOU APPROVE THE PROPOSAL OF MADD TO TURNING ON THE MILL MOUNTAIN STAR FROM WHITE TO RED EACH TIME AN ALCOHOL OR DRUG RELATED TRAFFIC DEATH OCCURS IN THE ROANOKE VALLEY. I BELIEVE TURNING ON THE STAR TO RED WILL REMIND THE CITIZENS OF THIS VALLEY THAT ANOTHER TRAGEDY HAS OCCURRED BECAUSE SOMEONE CHOSE TO DRINK AND DRIVE. WE NEED TO CONSTANTLY REMIND OUR CITIZENS ABOUT THE DANGERS OF DRINKING AND DRIVING AND TURNING ON THE "RED" STAR WILL INCREASE THIS AWARENESS TO EACH OF US. Bayard Harris, Esq. 540 989~1021 The CENTER/:or EMPLOYMENTLAW Attorneys & Counselors to Management April 30, 1996 HAY 1 1996 The Hon. David Bowers, Mayor City of Roanoke 215 Church Ave., S.W. Roanoke, Va. 24011 In re: "Keep the Star White" Campaign Dear Mayor Bowers and Members of City Council: This letter has been written at the request of the local chapter of Mothers Against Drunk Driving in support of the proposal to use the Mill Mountain Star as a vivid and focused reminder of the need to avoid the terrible impact of alcohol and drag related traffic deaths in our valley. It is the proposal of MADD to use the color alteration technology of the Mill Mountain Star to accent the tragedy caused our citizens on any occasion of an alcohol or drug related traffic death. As a member of the Virginia Transportation Safety Board and as a concerned citizen, I wholeheartedly support the proposal of MADD in this respect and hope that you will look favorably upon this opportunity to participate in the valiant and never-ending efforts of MADD and others to forestall the disastrous tragedy wrought on any family which suffers a death through the influence of alcohol and drugs and our motor vehicular traffic. When I came to Roanoke in 1973, it was the practice to turn the star red on the occasion of any traffic death regardless of cause. That practice ceased only when it became apparent that the impact of these deaths was so severe that the star was red virtually at all times. Subsequently, the star was used during the bicentennial to demonstrate the response of our community to the origins of our great nation and the colors flashed intermittently red, white and blue during approximately one year of the bicentennial observation. 2965 Colonnade Drive, S.W., Suite 333 Post Office Box 21669, Roanoke, Virginia 24018 Fax 540 9894485 The Hon. David Bowers, Mayor Page 3 April 30, 1996 Both of those previous uses of the star were, in my judgment, significant demonstrations by our community of the need for our citizens to be reminded of important events in our lives and in the lives of our families. This historical footnote is significant to me as it seems now appropriate to look to the star once again as a visible and outward sign of the spirit and commitment of our community to remind all of us of the need to remove drivers from the highway who may be under the influence of drugs or alcohol and thus driving a lethal weapon wreaking havoc in the community. A project such as this will be that same outward and visible sign of the inward commitment and determination of our citizens to reduce and attempt to eliminate these terrible tragedies and the impact they have on the people of our community and on the economy of our business. No more senseless death can occur than one which is caused by a person under the influence and impaired in violation of law and common sense. Please place this letter of endorsement among the others that you will receive and pay particular attention to the voices of those citizens who appear before you on May 20. Each of those voices will be the voice of a family which has been directly affected or which has seen the tragedy first-hand. I hope that our star will shine white as a reminder to all of our citizens that it could be their family which is affected next. These tragedies must be stopped at all costs. Your help is vital. BH/sc CC~ Members Roanoke City Council Bob Herbert, City Manager Editor, The Roanoke Times Brenda Altman, MADD C o~rdially, CENTER INITHE SQUARE 5TH FLOOR · ONE MARKET SQUARE, S.E, ROANOKE, VIRGINIA 24011-1434 703/342-5700 * FAX 703/224-'1238 BOARD OF DIRECTORS Chairman George W. Logan Vice Chairman Donald G. Smith William S. Hub.rd George B. Cartledga, Jr. Dorothy S. Ctlfton Lucy R. EIlett PeArl Fu LUCIAn Y. Grove SAnJemln P. JenklnA, Ill Pater A. Lewll Chlrill I. Lunlford, II RichArd M. Lynn Kathiyn B. MoQuede Blttle W. Port. rtl.Id, III CherlAA W, Steger Glenn O. Thornhlll, Jr. Marion Veughn-HowArd John D. Wlleon WESTERN VIRGINIA FOUNDATION FOR THE ARTS AND SCIENCES May13,1996 HAND DELIVER Ms. Mary F. Parker, Clerk City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Dear Ms. Parker: I would like a place on the agenda for the City Council meeting of May 20. On behalf of Center's Board of Directors, I would like to present the Mayor, City Council and City Manager with a Resolution (maximum of five minutes needed). Please contact Wanda DiMarco at 224-1211 to let her know if I am on the agenda. Thank you for your assistance. Dlrectors Emedti /~r e~ , George B. Ce~tledge, Sr ' David R. Good. Jam~ C. Sears, Ed.D. Anne B. Harem.relay President and General Manager Beffy Cart Muae Ex Officio Members DonAld E. Dye, Jr. E. R. Felnour JAmee D. GrlAAo KAren M. HlckA John B. WIIllAmAon, III JoAeph B. Wright JCS/wd President.nd GeneralManager JameA C, SacrA, Ed,D. Secretary Wende L. DIMerco SCIENCE MUSEUM OF WESTERN V~RGINIA & HOPKINS PLANETARIUM · MILL MOUNTAIN THEATRE ART MUSEUM OF WESTERN VIRGINIA · ROANOKE VALLEY HISTORY MUSEUM · THE ARTS COUNCIL OF THE BLUE RIDGE Mary F. Parker, CMC/AAE City Clerk Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 21, 1996 File #24-32-178-183-488 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to certain amendments to the Code of the City of Roanoke (1979), as amended, relating to implementation of a Rental Certificate of Compliance Program, which provides for rental housing units in conservation and rehabilitation districts to be inspected for compliance with Building Maintenance Code standards, was before the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. On motion, duly seconded and adopted, you were requested to address the concerns of John C. Kepley, 2909 Morrison Street, S. E., with regard to Section 7-42, ~ Certificates, and certain other minor modifications in the proposed Rental Certificate of Compliance Program, with a report to Council at its regular meeting on Monday, June 3, 1996. MFP:sm Sincerely, Mary F. Parker, CMC/AAE City Clerk Roanoke, Virginia May 20, 1996 96-135 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Rental Inspections Program Condition of deteriorating rental properties has been of concern in the City for many years, particularly: 1. Unsafe or unhealthy living conditions and 2. Detrimental effe~t,S generally on neighborhood vitality. Enforcement of the Building Maintenance Code is commonly seen as one to01 to address these concerns. Inspections of rental housing typically have been in response to complaints from tenants. This approach is reactive, haphazard, and usually is a result ora dispute between the landlord and the tenant. City Council established a limited "Certificate of Occupancy" pro,am for rental properties in 1983, which provided that the Building Department would inspect rental units upon request of the owner and payment ora $25 fee, in conservation areas whose neighborhood organization requested the program. Only one organization (Mountain View) did so. The program was ineffective because there was no legal means to require owners to have inspections performed. Th.e 1.994 General Assembly authorized cities to require inspecti0~ of rental umts m conservation and rehabilitation districts, upon their vacancy. The map attached (Attachment A) identifies these areas in Roanoke. Several neighborhood and community_ ~oups urged the City to initiate a Droera,,, ~ in early 1995. Last spring, the City asked the Roanoke Regional Housing Network to help examine this concept and develop a workable program. A committee to do so was formed from the Housing Network and the City, including representatives of interested professional associations, owners and agents of rental properties, neighborhoods, and tenant advocates. Three (3) public workshops were held from July 1995 to April 1996 to receive ideas and comments from interested parties. An additional administrative public hearing was held by the City Administration in April. Honorable Mayor and Members of City Council Page 2 II. Current Situation: The public workshops and intensive work of the ~ommitt~, has resulted in a plan for all non-owner-occupied housing units in conservation and rehabilitation districts to be inspected for compliance with the Building Maintenance Code every two (2) years, with incentives for property owners to cooperate with the schedule of inspections (program design is Attachment B). Program is designed to be effective in inspecting houses in neighborhoo0,~ r_e, gllll~, while being a minimum interference to responsible property owners and using the ' ' ' · · . Ctty s adrmmstrative resources efficiently. Significant aspects include: A unit passine the inspection for compliance with the COO,'. will be issued a certificate of compliance, good for 2 years. Violations will be distin_tmished as follows: a) "Dangers to health and safel;y", which must be corrected for the unit to be habitable. These units would be condemned as unfit for occupancy. b) ~ not immediately endangering health and safety but needing correction. Owners cooperating with the inspections schedule will be given a "temporary waiver" and would be allowed up to 6 months to make corrections, while continuing to rent the unit. ?Minor deficiencies or developing problem~" the owner should monitor and plan to remedy or prevent in the future. Noting these conditions would be advisory only. The owner would not be required to make repairs until the conditions deteriorated to be "significant violations". c) If the owner coonerates in allowine the scheduled insnection to performed and violations not daneerous to health and safety are found_ owner will be issued a temporary_ waiver and allowed to continue to ren[ the u~t while repairs are made. If an owner chooses not to allow the insnection on schedule, the unit may not be rerented when it becomes vacant ~vithout an inspection and either a a certificate of compliance with the Code or a waiver. Violations which are the responsibility oft~nante will be cited, as well as those of the property owner. Honorable Mayor and Members of City Council Page 3 Information and educational sessions and materials will be made available to property owners and others interested, regarding the program generally and Code requirements. An informal administrative appeals process to the Building Commissioner and including advisors from the community, before formal appeal to the Board of Building Code Appeals. No fees for an initial inspection or for two reinspections to veri _fy repalJ have been ma0e if the inspection is allowed to be performed on the scheduled basis. However, if the owner chooses not to follow the inspection schedule, an inspection upon vacancy or complaint by the tenant incurs a $75 fee, with all reinspections to verify corrections incurring a $35 reinspection fee. ~ imposable by the court for violating the prowsmns of the inspections program, such as rerenting without a valid certificate of compliance or a waiver. 10. Initial implementation of the program with existine staff to refine procedures, etc. 11. Addition of personnel in the fall, to allow more rapid implementation of the program's inspections schedule throughout the designated areas. 12. Monitorim/and evaluation of the effects of the program after several years of its operation. III. Issues: A. Impact on neighborhood conditions. B. Impact on housing stock. C. Cost to the City. D. Legal issues. E. Timing. Honorable Mayor and Members of City Council Page 4 IV. Z~!IILY~: ~ to delete Article IV; ~c,f~i~ll2~.,~:ll~ of Chapter 16, ~ of the Code of the City of Roanoke (1979), as amended, relating to the Certificate of Occupancy program for rental properties; ~ Article II.2, Rental Certificate of Compllanee~ of Chapter 7, ~, of the .Code of the City of Roanoke (1979), as amended, to provide for the Implementation of the Rental Certificate of Compliance Program; and amend the Fee Compendium to be consistent with the terms of the Rental Certificate of Compliance Program. Impact on neighborhood condition,~ will be positive, as the program will provide a mechanism for both correction of deteriorated conditions and prevention of additional deterioration. However, some rental buildings may be vacated rather than repaired. Code requirements for adequate maintenance of exteriors of even vacant buildings will be imposed, however. ~ will be positive generally, as unsafe or unhealthy living conditions will be reduced. However, there may be a decline in the number of the lowest cost rental units, which tend to be in poorest condition, due to either improved condition allowing owners to obtain higher rents, or the owners' inability to afford extensive repairs. ~d~ct&e,_C,~ initially will require addition of building inspectors and clerical support, in addition to supplies and equipment. A total of $89,065 of General Funds is recommended to add this capacity effective November 1, 1996. Some revenues will be generated from inspections and permit fees, but they are projected to be relatively little. Taxable value of properties are also expected to be stabilized and increased through maintenance and repairs. ~ are such that the Rental Certificate of Compliance Program is an administrative procedure to enforce the existing Virginia Building Maintenance Code. The Program does not impose any additional legal obligation upon owners of any properties as to the conditions the properties are to maintained to. The majority of inspections are expected to be performed according to an established schedule, with the consent of owners or tenants. Units not inspected on schedule may not be rerented upon vacancy without an inspection and certificate of compliance with the Building Maintenance Code. Honorable Mayor and Members of City Council Page 5 Ti~_T_i_i_i_i_i_i_~_~ would be that scheduled inspections would begin in July on a limited basis with existing staff Administrative arrangements would be refined during the summer and fall, additional staffwould be added and trained in the fall, and full implementation schedules would be in place by January, 1997. Non-owner-occupied units in all designated Conservation and Rehabilitation Districts would be inspected by about January, 1999. Do not amend the City Code to delete Article IV, Occupancy Permits~ of Chapter 16, ~, of the Code of the City of Roanoke (1979), as amended, relating to the Certificate of Occupancy program for rental properties; do not adopt a new Article 11.2, Rental Certificate of Compliance. of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, to provide for the implementation of the Rental Certificate of Compliance Program; and do not amend the Fee Compendium to be consistent with the terms of the Rental Certificate of Compliance Program. Impact on neighborhood conditions would be negative, as a very strong tool to reduce and prevent a major source of detrimental conditions would not be available to the City. Impact on housing stock would be negative, as many of the rental units in the worst, most dangerous condition would not be discovered, and there would be no effective means to encourage prevention of deterioration. Cost to the City would be nothing initially. However, continued deterioration of neighborhood conditions would further erode the City's property tax base and place additional demands on City services. ~ would be such that voluntary inspections could be performed within the limits of administrative resources of the City, but the incentives for owners to cooperate would be much less effective. 5. Timing would not be a factor. Recommendation is that City Council concur in Alternative A, to Amend the City Code to delete Article IV, Occupancy Permits. of Chapter 16, ~, of the Code of the City of Roanoke (1979), as amended, relating to the Certificate of Occupancy program for rental properties; adopt a new Article 11.2, Rental Certificate of Compliance, of Chapter 7, B ildin R I tions, of the Code of the City of Roanoke (1979), as amended, to provide for the implementation of the Rental Certificate of Compliance Program; and amend the Fee Compendium to be consistent with the terms of the Rental Certificate of Compliance Program. Mayor and Members of City Council Page 6 Respectfully submitted, W. Robert Herbert, City Manager Attachments (2) WRH/hdp cc: City Attorney Director of Finance Director of Public Works Director of Public Safety Building Commissioner Housing Development Coordinator Coordinator, Roanoke Neighborhood Partnership President, Roanoke Regional Housing Network ~ ! At tac~ment A Z 0 0 LLI Attachment B CITY OF ROANOKE RENTAL CERTIFICATE OF COMPLIANCE PROGRAM PROGRAM OUTLINE STATEMENT OF PURPOSE The intent of the rental certificate of compliance program is to protect the health, safety and welfare of residents of rental dwelling units, as well as the general public, and to enhance the good health and vitality of the City's oldest neighborhoods, by preserving the quality of rental housing in those areas. The program will accomplish this by encouraging good and regular maintenance and preventing gradual deterioration. In order to accomplish this, the program will provide for the inspection of rental units in conservation and rehabilitation districts designated by City Council, to insure their compliance with Building Maintenance Code standards. GENERAL PROVISIONS The City of Roanoke has adopted the Virginia Building Maintenance Code. Accordingly, all properties, regardless of use and location within the City, are required to be maintained to the standards of this Code. The rental certificate of compliance program does not affect those standards, but addresses only the administrative means of inspections specifically of rental units in designated conservation and rehabilitation districts of the City, to verify their compliance with the Code. All other buildings and areas of the City are subject to the same requirements for maintenance and condition. After the effective date of the certificate of compliance program, any residential rental property in a conservation or rehabilitation district designated by City Council for the program will be subject to regular inspection by the Building Department as to compliance with the Building Maintenance Code. The objective is to inspect all rental units in designated areas every two years, on a basis that is automatic, predictable, and organized. Individual rental units in multi-family buildings, where the owner occupies one of the units, will also be subject to inspection. All owners of property in the areas designated for the program will be asked to certify whether the property is owner-occupied, rental, or vacant, and to verify the proper address of the responsible party to be contacted regarding the property, including receipt of legal notice. Any housing unit not occupied by the owner of record, i.e. in whose name the property deed is recorded, will be presumed to be either rental or potential rental and would be scheduled for regular inspection. Vacant units, not condemned, will be considered potential rental units. Units that are condemned from a previous inspection would remain condemned, and their vacant status would be verified. If an owner willfully fails to allow a unit to be inspected at its scheduled time after notification has been issued pursuant to Section 7-37 of the City Code, or prior to the expiration of the certificate of compliance, the unit may not be rerented upon its vacancy without an inspection. (See also sections 7 and 26.) The owner will be sent notice of this restriction. WHEN INSPECTION REQUIRED Any property owner may request an inspection at any time. The owner must either schedule an appointment for the inspection, or arrange for the inspector to have access to the unit to be inspected. Inspections will be scheduled at least 30 days in advance, so property owners can prepare for and notify their tenants of the inspection. If the owner wishes to reschedule the inspection for convenience, he/she may do so twice with reasonable notice to the Building Department. A minimum of one week will be allowed between scheduled inspections, i.e. the owner would have the opportunity of three inspection appointments over a period of at least two weeks. If an owner fails to allow an inspection at any of the three appointments after notification has been issued pursuant to Section 7-37 of the City Code, or prior to the expiration of the certificate of compliance, he/she will be considered to be willfully failing to cooperate with the schedule of inspections. Owners are encouraged to make arrangements for entry with their tenants well in advance of the scheduled inspection. While not required, it is strongly preferred that the property owner or his representative be present during the inspection, to discuss the findings of the inspection. The tenant's presence is also desirable, to participate in the inspection and the discussion of conditions and maintenance. If the unit becomes vacant after the notice of the scheduled inspection is given to the owner but before the scheduled inspection is made, the Building Department would prefer to conduct the inspection while the unit is vacant. Accordingly, the owner is asked to notify the Building Department of the vacancy and to schedule an expedited inspection of the vacant unit. Because this would be for the Building Department's convenience, there will be no fee or penalty for that inspection, on the same terms as if the inspection were performed according to schedule. 10. If a unit is not inspected upon schedule and an inspection is to be performed pursuant to a complaint, the Building Department will attempt to contact the owner or managing agent to inform him/her that an inspection is to be made. 11. All rental units in designated areas will be required to have a certificate of compliance. 2 12. 13. 14. 15. However, the inspection requirement may be relieved for certain units, as follows: A. Newly constructed units receiving a certificate of occupancy (CO.) under the provisions of Volume I of the Uniform Statewide Building Code will be presumed to meet standards of the Building Maintenance Code and will be given a certificate of compliance, good for three (3) years. B. Units being substantially rehabilitated or rebuilt may also be given a three (3) year certificate of compliance and he exempted by the Building Commissioner from the requirement for inspections, upon his/her judgement that the rehabilitated unit meets the requirements of Volume I of the Statewide Building Code, and the extent of the work is basically equivalent to new construction and provides a level of assurance of safety of construction generally equivalent to new construction. C. A rental complex that consists of at least 20 rental units may have a random sample of no less than 10 units inspected. If all units inspected pass on the first inspection, and all common areas pass, the inspector may exempt the balance of the units from inspection. If later inspections of any exempted units reveal violations that apparently were present at the time of renting the units, or are not promptly corrected, the Building Commissioner may revoke the exemption from the inspection requirement. Periodically the Building Department will review records of real estate transfers to identify rental properties without certificates of compliance that may have been sold to new owners. The new owners will be contacted to arrange for inspections of the transferred units. A prudent buyer of rental property will determine whether the property has a valid certificate of compliance, prior to sale. For any unit that has not been inspected on schedule, or upon subsequent vacancy, or for any reason within a reasonable period of time after the implementation of the program, the Building Department may pursue all legal avenues available in order to perform the inspection. The City and the Redevelopment and Housing Authority are examining the feasibility of the Authority applying the standards of the Building Maintenance Code to its inspections of Section 8 rental units, instead of or in addition to HUD's housing quality standards. If such arrangements can be made, the Building Commissioner can delegate authority for Code inspections to the Authority inspectors for Section 8 units. Until that time, Section 8 units will be subject to an inspection every second year by the Building Department for compliance with the Building Maintenance Code and the certificate of compliance program, in addition to the annual inspection by the Authority for compliance with housing quality standards. INSPECTION STANDARDS Any inspection will be based on provisions of the Virginia Building Maintenance Code. Deficient conditions will be separated into three categories: 16. 17. 18. A. Dangers to health and safety of the residents or public, presented by the building. Examples would include: · Hazardous wiring, such as bare conductors; · No operable heating system; · Major structural deterioration or defects. The unit would be condemned as not fit for use or occupancy until corrections are made. Failure to make corrections will result in prosecution for violation of the Code. B. Significant exterior and interior violations not immediately endangering health and safety but needing correction. Examples would include: · Structural defects not imminently endangering health and safety; · Windows and doors allowing significant air infiltration or not readily openable for emergency exit; · Accumulated debris or rubbish posing a fire or pest hazard; · Pest infestation. The owner will be given a notice of violations found and a "temporary waiver" for a period of time to correct these deficiencies, with that time depending upon the severity of the deficiencies, but not in any case exceeding 6 months. Failure to make corrections will result in prosecution for violation of the Code. A certificate of compliance would not be issued until all corrections are made. C. Technical or minor deficiencies or developing problems noted by the inspector, of which the owner should be aware and plan to address eventually, but which will not be cited as violations requiring correction. Examples would include: ·An aging roof but no substantial leaks; · Deteriorating masonry work; · Developing wood rot; · Peeling exterior paint. On furore inspections, these items will be checked for worsening conditions and may be cited or prevent reissuance of a certificate of compliance. The inspection will be of the complete unit. Any deficiencies found will be noted on the inspection report by the inspector. The purpose of the inspection report will be to identify for the owner or the agent or contractor the deficiencies that must be corrected in order for the unit to receive a certificate of compliance. As there may be several ways to correct any deficiency, the inspection report typically will not specify the means to be used. The Building Maintenance Code assigns responsibility for some items to the resident, unless otherwise arranged with the owner, such as accumulation of garbage, rubbish, or hazardous materials inside a unit. A violation notice and order to correct any deficiencies found for which the tenant is responsible will be addressed to the tenant, with a copy to the owner. The tenant's failure to correct violations for which he/she is responsible may result in prosecution for violation of the Code. In order for owners to preinspect a unit and anticipate corrections that may be required, the Building Department will provide to any interested party a sample of the inspection report 19. 20. 21. 22. it will use to inspect units, as well as a summary of provisions of the Building Maintenance Code. General guidelines for inspections standards will be prepared with the assistance of representatives from the community and will also be made available. CERTIFICATE OF COMPLIANCE The certificate of compliance or notice of deficiencies will be issued to the owner or agent on the spot, at the time of inspection, if the owner or owner's agent is present, and mailed to the owner's or agent's address of record if he/she is not present. If deficiencies are found, a copy of the notice and inspection report will also be given to the tenant. A sticker will be placed in a conspicuous place at or near the unit's main entrance, reflecting the results of the inspection, specifically: · Certificate issued, effective through a given date; · Deficiencies found, to be corrected; temporary waiver issued, through a given date; · Rejected/condemned. Neither the owner nor the tenant may remove the sticker except as authorized by the Building Commissioner. A certificate of compliance will be effective for a period of 24 months. APPEALS An owner disagreeing with a determination of the inspector may request a modification of that finding from the Building Commissioner any time within 21 days of the determination. The Commissioner will discuss the owner's request with the owner and/or the owner's representative. If the Commissioner and the owner fail to agree, then at the option of the property owner, the Commissioner will convene an informal meeting with the owner and/or the owner's representatives to discuss the owner's request. The meeting may include advisors to the Building Commissioner, including representatives from rental property owners, neighborhood residents, tenants or tenant advocates, and other inspectors. The Commissioner will reach a decision within five working days of the meeting. If the Building Commissioner declines to grant the requested modification, the owner may appeal to the Board of Building Code Appeals, as prescribed in the Building Maintenance Code. 23. INSPECTION FEES If Inspection Is Performed On Scheduled Basis' Inspections on the regularly scheduled basis will maximize the convenience and efficiency of the Building Department, in addition to that of owners and occupants of units to be inspected. Consequently, if the inspection is performed at the request of the Building Department on its routine basis, or at the request of the owner, there will be no charge for the initial inspection. 24. B. If the unit fails to pass on initial inspection, a second and third inspection to verify that cited violations have been corrected will be at no charge. If however the unit fails to pass at the third inspection, the fourth and any subsequent inspection for deficiencies cited at the initial inspection will incur a $35 reinspection fee. If Inspection Is Not Performed On Schedule' A. Inspections requiring rearrangement of priorities and scheduled work reduce the Building Department's efficiency. Accordingly, an inspection fee of $75 will be charged to the owner of a unit that either: · had been scheduled by the Building Department for inspection on three occasions; and · has not been inspected; and · is later inspected; or: · is inspected after its certificate of compliance expire. Any reinspections performed on such a unit to verify corrections of violations cited upon the initial inspection will incur a $35 reinspection fee. A property owner may avoid these charges by cooperating with the schedule of inspections. INSPECTION FEES ON SCHEDULED BASIS OTHER THAN ON SCHEDULE Initial Inspection No Charge $75 2nd Inspection No Charge $35 3rd Inspection No Charge $35 4th and Later $35 $35 Inspection 25. 26. Upon reinspection, there may be Code violations found that were not cited upon earlier inspection, either because the condition did not exist or it was not observed by the inspector. The inspector will cite such conditions when they are found, but they will not trigger an inspection charge unless they are uncorrected upon subsequent reinspection. PENALTIES AND FINES Renting a vacant unit without either a certificate of compliance or a waiver will be a violation of the program and will be punishable in accordance with Sec. 36-106 of the Code of Virginia. An owner convicted by the court for a violation of this may be fined up to $2500, with minimum fines of $1000 for a second offense within 5 years, $500 for a second 6 offense within 10 years, and $1500 for a third offense within 10 years. PHASED IMPLEMENTATION 27. The program will be initiated on a limited basis, in order to test and refine administrative procedures. A schedule for expanded implementation of the program, specifically establishing a schedule of inspections by the Building Department, will be determined by the administrative resources that may he devoted to it. The program provisions will apply to all eligible conservation and rehabilitation districts designated by City Council, with full application to all rental properties in conservation and rehabilitation districts intended within 2 years. 28. A notice will be mailed to all property owners with units to be affected by the program, informing them of the program, its purpose and operation, including general program requirements and property maintenance standards. Individual owners will be notified by mail of the scheduled date and approximate time of the planned inspection of their units. Workshops and meetings will be offered periodically to interested owners and others regarding provisions of the program. Real estate agents, attorneys, and lenders will be notified of the program as well, for the benefit of their clients. 29. Ongoing evaluation of the program's operation will be necessary to its efficient implementation. The City will also perform a specific evaluation of the program's effectiveness, as well as the efficiency of its procedures, approximately 24 months after its inception. This evaluation will involve representatives from the community of interests, including neighborhoods, tenants, and property owners. 7 RELA TED ISSUES Irt the course of development of these program guidelines, it has become apparent that there are additional important issues of public concern that are not central to a rental inspections program specifically. Nonetheless, these issues are significant to an inspections program, because they relate either to neighborhood health andwell-being, or the ability of property owners' to pay for improvements and repairs to their properties to Code or optimum condition, or the terms of the legal and business relationship between landlords and tenants. Specific issues identified include: Legal and practical avenues for property owners to deal with irresponsible, destructive tenants; Financing for owners to bring their units up to Code standards within realistic rent ranges; Dilapidated vacant buildings and deteriorated owner-occupied houses; Availability of affordable decent housing by residents unable to pay higher market rents'; Neighborhood cleanliness, particularly bulk trash; Neighborhood security, crime prevention, peacefulness generally. The committee asserts that, while the rental inspections program design should not be complicated by these issues, the community shouM arrartge for them to be considered and strategies developed to address them. Parties that shouM be involved or take leadership roles in this regard include private sector commercial lenders and insurers, individual neighborhood organizations; the Apartment Association, the Investors Association, the Regional Housmg Network, and various departments of the City. As members of the Regional Housing Network, the committee recommends that the Network select one or several of these issues to address'. It further recommends' that the other groups pursue issues of particular concern to them and to cooperate with the Network and each other in furthering the work of which the rental inspections program design shouM only be the beginning. May 20, 1996 Council Report No. 96-135 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Rental Inspections Program Please reserve space on your agenda for a report regarding the above subject. Respectfully, W. Robert Herbert City Manager WRH:WFC:pr 5.a,1 Rental Inspections Program Commit$q.~ (Joint committee from the Roanoke Regional Housing Network and City) Member Dave Baldwin Nancy Brock Sarah Carlson Petie Cavendish (Has since left the area) Ted Edlich Bob Fetzer John Kepley Jim Pappas Madam Alam Bill Clark Dan Pollock Representing Roanoke Redevelopment and Housing Authority Legal Aid Society Roanoke Valley Apartment Association Lefiwich-Tate Coalition Total Action Against Poverty (TAP) Roanoke Regional Home Builders Association Roanoke Property Investors Association Roanoke Neighborhood Partnership Steering Committee City of Roanoke, Roanoke Neighborhood Partnership City of Roanoke, Director of Public Works City of Roanoke, Housing Development Office IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE creating Article II.2, Rental Certificate of Compliance, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, to provide for the inspection of rental dwellings and dwelling units in the City of Roanoke, and repealing Article IV, pccupanc¥ Permits, of Chapter 16, Human Rights, of the Code of the City of Roanoke (1979), as amended; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of a new Article II.2, Rental Certificate of Compliance, to read and provide as follows: ARTICLE II.2. RENTAL CERTIFICATE OF COMPLIANCE. Sec. 7-34. Purpose and intent. The city council finds that certain residential rental housing, when not the subject of either regular inspections, or inspections upon a change in tenancy, to ensure compliance with applicable building maintenance regulations, may become unsafe, a public nuisance, and unfit for human habitation. The city council further finds that certain residential housing areas within the city, designated as conservation and rehabilitation districts, are in need of a housing inspection program to prevent property deterioration and neighborhood blight, and to protect the public health, safety and welfar~ by ensuring proper building maintenance and compliance with applicable building regulations in rental dwellings. Sec. 7-35. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Chanqe in occupancy - means the vacation of a dwelling or dwelling unit by any tenant and the subsequent occupancy of such dwelling or dwelling unit by a new tenant or tenants. Dwellinq - means any single structure which is a place of residence, including, but not limited to, condominiums, efficiencies, townhomes, manufactured or mobile homes, single-family homes, two-family homes, multifamily homes or multifamily apartments. The term "dwelling" shall not include hospitals, nursing homes, convalescent homes or similar facilities providing medical care to the aged, infirm or disabled, or hotels, motels, inns and other establishments occupied primarily by transients, or boarding houses. Dwelling unit - means a single unit providing complete, independent living facilities for one or more persons. The term "dwelling unit" shall not include units within hospitals, nursing homes, convalescent homes or similar facilities providing medical care to the aged, infirm or disabled, or hotels, motels, inns and other establishments occupied primarily by transients, or boarding houses. Inspection or inspected - means an inspection conducted by the city manager. Manaqinq aqent - means any person having the authority, singly or in combination with another, to enter into an agreement for the occupancy of property subject to this article. Multiple-family rental complex - means any dwelling, or series of dwellings, consisting of no less than 20 dwelling units, occupied for valuable consideration, on a single lot or adjacent lots under common ownership. The term "multiple-family rental complex" shall not include mobile homes under common ownership in a mobile home park or subdivision, and such term shall not include single-family homes, two-family homes, or townhouses under common ownership. Owner - means any person holding title to real property in the City of Roanoke as reflected in the public records of any circuit court, the Commissioner of Revenue, City Treasurer or City Clerk. The word "owner" shall not include any person who merely holds a deed of trust on real property. Person in control - means any person having the authority, singly or in combination with another, to enter into an agreement for the occupancy of property subject to this article, either as, or on behalf of, an owner, or as a tenant. Property - means dwellings and dwelling units which are leased or rented, in whole or in part, to tenants. Tenant - means any person who is not an owner of the dwelling or dwelling unit which he occupies. The word "tenant" shall not include any person who occupies the same dwelling unit with any owner of such dwelling unit, or any person related by blood or marriage to the owner and occupying the same dwelling with such owner. Uniform Statewide Building Code, Volume T - means the Uniform Statewide Building Code, Volume I, entitled the New Construction Code, as referred to and adopted by reference in section 7-13 of the Code of the City of Roanoke (1979), as amended, and any subsequent amendments to said Uniform Statewide Building Code, Volume I, or subsequent editions. Uniform Statewide Buildinq Code~ Volume Il - means the Uniform Statewide Building Code, Volume II, entitled the Building Maintenance Code as referred to and adopted by reference in section 7-30 of the Code of the City of Roanoke (1979), as amended, and any amendments to said Uniform Statewide Building Code, Volume II, or subsequent editions. Sec. 7-36. Applicability. The provisions of this article shall apply to all dwellings and dwelling units not occupied by any owner which are located in the areas heretofore or hereafter designated by the city council as conservation or rehabilitation districts. A map showing the city's conservation and rehabilitation districts for purposes of this article shall be available for public inspection in the Housing Development Office for the City of Roanoke. Sec. 7-37. Inspection and certificate of compliance required. (a) After July 1, 1996, no owner, managing agent or person in control of any dwelling or dwelling unit 3 located in a conservation or rehabilitation district identified in section 7-36 of this article shall permit a change in occupancy of any dwelling or dwelling unit, unless the dwelling or dwelling unit shall have been inspected prior to occupancy and shall have been determined to be in compliance with the Virginia Uniform Statewide Building Code, Volume II, or shall have been the subject of a certificate of compliance, a temporary waiver of compliance certificate, or a certificate of exemption. The requirements of this subparagraph shall not apply to any dwelling or dwelling unit, until the city manager has published in a newspaper published or having general circulation in the city notice, at least thirty (30) days in advance, of the initiation of the Rental Certificate of Compliance Program within the particular conservation or rehabilitation district, or a portion thereof, in which the dwelling or dwelling unit is located, and until an inspection of the dwelling or dwelling unit pursuant to this article has been scheduled. (b) Compliance with the terms of this article shall be evidenced by a certificate of compliance issued by the city manager. Except as otherwise noted in this article, a certificate of compliance shall be valid for two years from the date of issuance, or until such time as a change of occupancy occurs, whichever event is the last to occur. (c) The consent of any owner, managing agent, or person in control of any dwelling or dwelling unit, including a tenant, shall be required before any inspection pursuant to subsection (a) of this section is performed, unless the inspection is conducted pursuant to other lawful means. (d) In no event shall the issuance of a certificate of compliance serve to exempt the owner, managing agent or other person in control of the property from compliance with all applicable statutes, laws, ordinances and regulations pertaining to housing. Sec. 7-38. Exemptions. (a) A certificate of compliance shall be issued, and no inspection shall be required within three years of the issuance of a certificate of occupancy, for a new dwelling or dwelling unit constructed under the provisions of the Uniform Statewide Building Code, Volume I, in effect at the time of the construction. (b) A certificate of compliance shall be issued, and no inspection shall be required within three (3) years of 4 the date of issuance, upon the Building Commissioner's written determination that a dwelling or dwelling unit which has been the subject of a building permit for substantial rehabilitation or repair meets the requirements of the Uniform Statewide Building Code, Volume I, and the extent of the rehabilitation or repair renders the entire dwelling or dwelling unit equivalent to new construction with respect to the general public health, safety and welfare. Sec. 7-39. Certificate of Exemption. (a) The city manager may issue a certificate of exemption for any dwelling unit in a multiple-family rental complex ("rental complex") strictly meeting each of the following criteria: (1) (2) No less than ten (10) of the dwelling units within the rental complex have been randomly selected, inspected and approved under the terms of this article; and At the time of the inspections, no violations of the Uniform. statewide Building Code, Volume II, exist within the dwelling units or dwellings so inspected. (b) A certificate of exemption shall be valid for period of two years from the date of issuance. a (c) If the city manager determines during any two-year exemption period that one or more substantial violations of applicable building regulations in effect existed at the time of the inspection pertaining to the condition of any dwelling or dwelling unit contained in the rental complex, the city manager may revoke the certificate of exemption. Prior to any such revocation, the city manager shall send by first class mail written notice to the owner, managing agent or person in control of the property, who is not a tenant, specifying the nature of the violations found and the date upon which the revocation of the certificate of exemption will take effect. Proof of mailing to the last known address of the owner, managing agent or person in control of the property, by affidavit or otherwise, shall be sufficient evidence that the notice was received. (d) No certificate of exemption may be displayed, and any revocation of certificate of exemption shall be displayed, upon the receipt of the city manager's notice of revocation of certificate of exemption. (e) The issuance of a certificate of exemption shall 5 exempt the owner, or other person in control of dwelling units within a complex, from the requirements of inspections within this article. In no event does the issuance of a certificate of exemption serve to exempt the owner, or other person in control of the property, from compliance with all applicable statutes, laws, and ordinances, including the Uniform Statewide Building Code, Volume II. Sec. 7-40. Issuance of certificate of complianco. (a) The city manager may issue a certificate of compliance if, upon inspection, the dwelling or dwelling unit complies with the Uniform Statewide Building Code, Volume II. The certificate of compliance may be issued immediately upon completion of an inspection. (b) If the dwelling or dwelling unit fails to comply with any one or more of all applicable building regulations set forth in the Uniform Statewide Building Code, Volume II, the city manager shall furnish the owner, managing agent or person in control with a written list of specific violations and the time frame within which to correct said violations. Failure to list any violation shall not be deemed a waiver of such violation. Upon the completion of all corrections and repairs, the owner, managing agent or person in control shall request a reinspection of the dwelling or dwelling unit. Sec. 7-41. Temporary waiver of compliance. (a) A temporary waiver of compliance certificate may be issued for any dwelling or dwelling unit which is inspected pursuant to this article and fails to comply with regulations set forth in the Uniform Statewide Building Code, Volume II. Such temporary waiver of compliance certificate may be issued only upon a determination by the city manager that: (1) The work necessary to bring the dwelling or dwelling unit into compliance with the Uniform Statewide Building Code, Volume II, can be reasonably undertaken and completed while the premises are occupied without endangering the safety of the occupants of the property, or subjecting the occupants to any conditions rendering the dwelling or dwelling unit uninhabitable; and (2) The dwelling or dwelling unit can be brought into compliance with all applicable building code requirements within the period of time for which the temporary waiver of compliance certificate is issued not to exceed six (6) months. (b) A temporary waiver of compliance certificate shall authorize the occupancy of the dwelling or dwelling unit for such period of time as is reasonably necessary to remedy or correct all defects or violations by reason of which the certificate of compliance was refused. Every temporary waiver of compliance certificate shall set forth the period of time for which temporary occupancy is authorized, such period of time not to exceed six (6) months. The failure of the owner, managing agent or person in control to complete all corrections within the specified period of time shall constitute a violation of this article. (c) No dwelling unit may be inhabited after a temporary waiver of compliance certificate has expired. Sec. 7-42. Display of Certificates. (a) Any certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption, shall be adhered conspicuously to or near the main entrance of any dwelling or dwelling unit so that the same may be viewed from the exterior of the dwelling or dwelling unit. (b) No person may remove, obscure, deface or alter, a certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption, in whole or in part, without the written permission of the city manager. Sec. 7-43. Fees. The fees for inspections shall be as set forth in the Fee Compendium as amended from time to time by the city council. Sec. 7-44. ADDeals. (a) Any person aggrieved by any determination or decision of the city manager made pursuant to this article shall have the right to appeal such determination or decision within twenty-one (21) calendar days of such determination to the building commissioner for the city. Notice of such appeal shall be in writing, on forms provided by the city manager, shall specify the grounds of appeal, and shall be delivered to the building commissioner for the city prior to the expiration of the twenty-one (21) calender day period. The building commissioner, or his designee, shall meet with the person aggrieved by the determination or decision of the city 7 manager within five (5) business days of receipt of such notice of appeal to consider the appeal, unless the owner or his managing agent agrees, in writing, to an extension. Any such aggrieved person may request that the building commissioner invite to the meeting persons deemed helpful in resolving the dispute. The building commissioner shall render his decision within two (2) business days after such meeting. (b) Any person aggrieved by any determination or decision of the building commissioner made pursuant to this article shall have the right to appeal such determination or decision within 21 calendar days to the local board of building code appeals. Notice of such appeal shall be in writing, on forms provided by the city manager, shall specify the grounds of appeal, and shall be received by the board of building code of appeals prior to the expiration of the 21 calendar day period. All proceedings before the local board of building code appeals shall be in accordance with the provisions of the Uniform Statewide Building Code, Volume II. (c) Nothing in this article shall be construed to limit, impair, alter or extend the rights and remedies of persons in their relationship of landlord and tenant as such rights and remedies exist under applicable law. (d) Nothing in this article shall be construed to relieve or exempt any person from otherwise complying with all applicable laws, ordinances, standards and regulations pertaining to the condition of buildings and other structures. (e) Nothing in this article shall be construed to limit the authority of the city manager to perform housing inspections in accordance with applicable law. Sec. 7-45. Penalties. (a) Any person willfully failing to comply with any requirement of this article shall be guilty of a misdemeanor in accordance with section 36-106 of the Code of Virginia (1950), as amended. (b) In addition to any penalty imposed for a violation of this chapter, any such violation may be corrected, removed or abated through court order or an appropriate suit in equity. Sec. 7-46. Notice by owner. (a) In the month of January of each year after the effective date of this article, each owner or managing agent, or a duly authorized representative acting on behalf of the owner or managing agent, shall furnish the city manager, on forms provided by the city manager, with a list of all property that he owns or manages in those areas of the city that are covered by this article. Such list shall include the official tax number, street address and a brief description of the property; the name, street address and telephone number of the owner of the property; the name, street address and telephone number of the managing agent, if any; the name, street address and telephone number of the person that is responsible for maintaining the rental properties; and any other information deemed necessary by the city manager to administer and enforce this article. However, the requirements of this subparagraph shall not apply to any dwelling or dwelling unit, until the city manager has published in a newspaper published or having general circulation in the city notice, at least thirty (30) days in advance, of the initiation of the Rental Certificate of Compliance Program within the particular conservation or rehabilitation district, or a portion thereof, in which the dwelling or dwelling unit is located. (b) It shall be a violation of this article for an owner or managing agent to fail or refuse to provide the city manager with such information or to provide incomplete, false, or misleading information. Sec. 7-47. Regulations. The city manager is authorized to promulgate regula- tions not inconsistent with the terms of this article. 2. Article IV, Occupancy Permits, of Chapter 16, Human Rights, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 3. This ordinance shall be in full force and effect on and after July 1, 1996. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, A RESOLUTION amending the City's Fee Compendium to establish fees in connection with the City's Rental Certificate of Compliance Program. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following fees shall be charged for inspections conducted in connection with the Rental Certificate of Compliance Program after the city manager has published notification and scheduled an inspection pursuant to section 7-37 of the Code of the City of Roanoke (1979), as amended: Inspection of a dwelling unit performed before either a Certificate of Compliance, or a temporary waiver of compliance certificate, has been issued, or before either a Certificate of Compliance, or a temporary waiver of compliance certificate, expires: (i) First, second or third inspection ........................ No charge (ii) Fourth and subsequent inspections.. $35.00 Inspection of a dwelling unit performed after a Certificate of Compliance expires, after a change in occupancy has occurred before either a Certificate of Compliance, temporary waiver of compliance certificate, or certificate of exemption, has been issued, or after the vacation of a dwelling or dwelling unit by any tenant before a certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption, has been issued: (i) First inspection .................. $75.00 (ii) Any subsequent inspection ......... $35.00 each inspection 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fees for inspections conducted in connection with the Rental Certificate of Compliance Program. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 6. The fees established by this Resolution shall remain in effect until amended by this Council. 7. This Resolution shall be in full force and effect immediately. ATTEST: City Clerk. SERV1NG ,ALL OF V1RGINIA Since 1956 184t Warrington Road LEARN TO DANCE IN YOUR HOME 184t Wantngton Road ROANOKE, VA 240t 5 .... '-"-'~'1 ~N TO ~NCE IN ~UR HOME SERVING ALL OF VIRG4NIA Since 1956 1841 Wamngton Road 344-2t'14 SER~ING OF ~R~NIA Since 1956 344.-2'H4 Road I~C~NOKE. VA 240t5 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.x~L, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 May 21, 1996 SANDRA H. EAKIN Dcputy City Clerk File #24-51-79-165-169-200-252-289-450 Evelyn Jefferson, Vice-President - Supplements Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32304 Dear Ms. Jefferson: I am enclosing copy of Ordinance No. 32943-052096 amending and reordaining §32-102.3(a), Purposes of Tax, §43-203.5, Other Powers and Duties, §32-103.3(a), Purooses of Tax, and §32-103.4, Other Powers and Duties, of the Code of the City of Roanoke (1979), as amended, to provide that references in said sections to the Code of Virginia will conform with the current numbering of the Code of Virginia. I am also enclosing copy of Ordinance No. 32955-052096 amending and reordaining §31-39, Fees for lat review, of Chapter 31, Subdivisions, and §36.1-710, ~, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to implement a Deferred Payment Program which will provide a deferred payment option to customers in the development community. Ordinance Nos. 32943-052096 and 32955-052096 were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Please include Ordinance Nos. 32943-052096 and 32955-052096 in Supplement No. 36 to the Roanoke City Code. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc, MARY F. PARKER, CMC/AAE Cio/Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 May 21, 1996 File #24-51-79-165-169-450 SANDRA H. EAKIN Deputy City Clerk Raymond F. Leven Public Defender Suite 4B Southwest Virginia Building Roanoke, Virginia 24011 Dear Mr. Leven: I am enclosing copy of Ordinance No. 32943-052096 amending and reordaining §32-102.3(a), Purooses of Tax, §43-203.5, Other Powers and Duties, §32-103.3(a), Purooses of Tax, and §32-103.4, Other Powers and Duties, of the Code of the City of Roanoke (1979), as amended, to provide that references in said sections to the Code of Virginia will conform with the current numbering of the Code of Virginia. I am also enclosing copy of Ordinance No. 32955-052096 amending and reordaining §31-39, Fees for olat review, of Chapter 31, Subdivisions, and §36.1-710, Fees aenerally, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to implement a Deferred Payment Program which will provide a deferred payment option to customers in the development community. Ordinance Nos. 32943-052096 and 32955-052096 were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 May 21, 1996 File #24-51-79-165-450 SANDRA H. EAKIN Deputy City Clerk Lucy P. Mullis, Executive Director Williamson Road Area Business Association 3312 Williamson Road, N. W. Roanoke, Virginia 24012 Dear Ms. Mullis: I am enclosing copy of Ordinance No. 32943-052096 amending and reordaining §32-102.3(a), Purposes of Tax, §43-203.5, Other Powers and Duties, §32-103.3(a), Purposes of Tax, and §32-103.4, Other Powers and Duties, of the Code of the City of Roanoke (1979), as amended, to provide that references in said sections to the Code of Virginia will conform with the current numbering of the Code of Virginia. I am also enclosing copy of Ordinance No. 32944-052096 authorizing continuation of the additional tax on real property and improvements located in the Williamson Road Area Service District as defined by Section 32-103.2 of the Code of the City of Roanoke (1979), as amended, and further authorizing a certain agreement to be entered into with the Williamson Road Area Business Association, Inc. (WRABA) for an initial term of one year commencing July 1, 1996, and for nine successive one year terms, to provide that WRABA shall act on behalf of the City to foster economic advancement and development of the Williamson Road Area Service District previously created by the Roanoke City Council. Lucy P. Mullis, Executive Director Williamson Road Area Business Association May 21, 1996 Page 2 Ordinance Nos. 32943-052096 and 32944-052096 were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Randall Eakin, President, Williamson Road Action Forum, Inc., 2535 Bowman Street, N. W., Roanoke, Virginia 24012 Sandra H. Eakin, Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRG1NL% The 20th day of May, 1996. No. 32944-052096. AN ORDINANCE authorizing the continuation of the additional tax on real property and improvements located in the Williamson Road Area Service District as defined by section 32-103.2 of the Code oftbe City of Roanoke (1979), as amended, and further authorizing a certain agreement to be entered into with the W'dliamson Road Area Business Association, Inc. (WRABA) for an initial tram of one year commencing July 1, 1996, and for nine successive one year terms, to provide that WRABA shall act on behalf of the City to foster economic advancement and development of the Williamson Road Area Service District previously created by City Council; end providing for an emergency. BE IT ORDAFNED by the Council of the City of Roenoke as follows: I. That the Council of the City of Roanoke, having determined that the additional tax imposed by section 32-103.1 of the Code oftbe City of Roauoke (1979), as amended, (City Code) on real property and improvements located in the Williamson Road Area Service District is helping with the revitalization and development of the Williamson Road Area Service District, hereby continues the saki tax set forth in section 32-103.1 at the same rate of ten cents ($. 10) for every one hundred dollars ($100.00) of assessed valuo of real property and improvements located in the Williamson Road Area Service District as defined by section 32-103.2 together with the valuation provisions of that section and the other provisions of Division 7, Williamson Road Area S~rvice Distri~ Article Il, Real Estate Taxes Generally, Chapter 32, TaxatiorL City Code, as more particularly set forth in the City Manager's report to this Council dated May 20, 1996. 2. The City Manager or the Assistant City Manager is hereby authorized to execute and the City Clerk is authorized to attest, respectively, a written agreement between the City and WRABA for an initial term of one year commencing July 1, 1996, which shall be automatically extended annually for nine additional fiscal years, subject to termination, with or without cause, during each such period of time; providing for WRABA's serving az an independent contractor of the City for the purpose of undertaking certain developmental and or governmental activities as may be agreed upon by this Council and az allowed by section 15.1-18.2 of the Code of Virginia (1950), as amended, in the Williamson Road Area Service District heretofore created by City Council; providing that WRABA shall undertake such activities with tax revenues generated fi.om the Williamson Road Area Service District pursuant to section 32-103.1, City Code; providing for approval of the work program and budget of WRABA by the City Manager each year not later than June 1, 1996, of the initial year and not later than April 1, of any successive yea~, providing for disbursements by the City to WRABA of an amount up to the actual tax receipts received by the City pursuant to section 32-103.1, City Code less an administrative fee to cover the City's direct cost incurred in collecting and administering such receipts; and providing for the City Manager to designate one repr~entative to be an ex officio member of the Board of Directors of WRABA, this Council hereby anthorizm' g the City Manager to appoint such ex officio member; aH az more specifically provid~l in the report of the City Manager to this Council dated May 20, 1996. 3. The term of the City's agreement with WRABA shall be automatically extended on each July 1, co~¥~ncing July 1, 1997, for nine suc_¢_~ive one year te~ns with the agreement expiring on June 30, 2006, unless either party has earlier given ninety days written notice of termination prior to the expiration of any one year term pursuant to the appropriate section of the agreement or the City has e~rl~er chosen to terminate the agreement for cause as provided for in the agreement. 4. WRABA shall conduct all its activities in accordance with sections 32-103 through 32-103.4, City Code and sections 15.1-18.2 and 15.1-18.3, Code of Virginia (1950), as amended. The agreement to be executed by the City Manager or the Assistant City Manager shall be in a form approved by the City Attorney. $. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: city IN~H~COUNCILOFTHECITY OF ROANOKE, V~RGIND% The 20th day of May, 1996. No. 32943-052096. AN ORDINANCE amending and reordalning §32-102.3(a), ~ §32-102.4, ~ §32-I03.3(a), ~ and §32-103.4, Other Powers and Duties of the Code of the City of Roanoke (1979), as amended, so that the references in those sections to the Code of Vh'ginia will conform with the current numbering of the Code of Virginia; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-102.3(a), ]~9..riBh~Lf_~ of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordalned to read and provide as follows: §32-102.3. ]~U_q~._T_~_. (a) Taxes collected pursuant to this division shall be levied for and used to provide additional governmental services not being offered uniformly throughout the entire city, including, but not limited to, economic and business development and promotional activities intended to foster business retention, business recruitment and developer recruitment; planning for the development or revitnliTntion of downtown and for the umsportation and public facility and public space needs of downtown; and those public purpos~ enumerated in section 15.1-18.2, Code of Virginia (1950), as amended. Costs of collecting, accounting for and administering the tax provided for by this division shall be a charge against revenues derived from such tax. 2. Section 32-102.4, Other oowers and duties of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §32-102.4. ~Li~l~..~]~J~l. The city shall have aH those powers and duties with respect to a downtown service district set forth in section 15.1-18.2, Code of Virginia (1950), as amended, including the power to contract with any person, rum or corporation to provide additional governmental services in such district. 3. Section 32-103.3, ~ of the Code of the City of Roanoke 0979), as amended, is he~'eby amended and reordalned to read and provide as follows~ (a) Taxes collected pursuant to this division shall be levied for and used to provide additional governmental services not being offered uniformly throughout the entire city, including, but not limited to economic and business development and promotional activities intended to foster business retention, business recruitment and developer recruitment, planning for the revitalization of the Williamson Road area, and those public purposes enumerated in section 15.1-18.2, Code of Virginia (1950), as amended. Costs of collecting, accounting for and administering the tax provided for by this division shah be a charge against revenues derived from such tax. 4. Section 32-102.3, ~ oftbe Code of the City of Roanoke, (1979), amended, is hereby amended and reordalned to read and provide as follows: §32-103.4. The city shall have aH those powers and duties with respect to a service district set forth in section 15.1-18.2, Code of V'trginia (1950), as amended, including the power to coats~ct with any person, firm or corporation to provide additional governmental services in such district. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shah be in full force and effect upon its passage. ATTEST: City Clerk. May 20, 1996 Repo~#96-15 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: WiIliamson Road Area Service District and Williamson Road Area Service District Services Agreement II. Special Service Districts may be established by local governments pursuant to Section 15.1-18.3, Code of Virginia (1950), as amended, to provide additional or more complete services of government than are being offered uniformly throughout the city as a whole. Williamson Road Area Service District was established by City Council on May 24, 1993, by Ordinance number 31472-052493. City Manager was authorized to execute Services Agreemenl between the City of Roanoke and Williamson Road Area Business Association, Inc. (WRABA) by City Council on May 17, 1993, by Ordinance number 31473-051793. Williamson Road Area Service District Services Agreement was executed August 30, 1993, between the City of Roanoke and WRABA, as an independent contractor on behalf of the City to foster economic advancement and development of the Williamson Road area Service District. WRABA has reoorted significant achievement8 since 1993 as identified by Attachment A. ' - City Manager has reviewed and approved WRABA's Work Plan and Budeet for Fiscal Year 1996-1997. (Attachment B) - Current Situatioll: Ao Effectiveness of the tax program for the Williamson Road Area Service District is to be reviewed by Council prior to July 1, 1996, as provided in Ordinance 31472-052493. At that time, Council shall, in its discretion, decide whether to continue this tax program, and if Council elects to continue the program, Council shall establish the appropriate rate of taxation. Members of City Council Page 2 May 20, 1996 Term of the Service District Services Agreement was for one year commencing July 1, 1993, and ending on June 30, 1994. Term of the Agreement was automatically extended on each July, commencing July 1, 1994, for one year until June 30, 1996 at which time the Agreement shall terminate. WP, ABA has requested that City Council adopt a new measure to enter into a new Service District Services Agreement on substantially similar terms as the prior one for a total 10 year period commencing on July 1, 1996. The term of this Agreement shall be for a one year term initially, but be automatically extended annually on each July commencing July 1, 1997 until June 30, 2006, at which time this Agreement shall terminate. ~ has been negotiated with WRABA and the major points are as follows: Term of Agreement July 1, 1996, to June 30, 1997, with automatic renewal for nine additional fiscal years. ]~/gttea~tge2~, including WRABA salaries, benefits, office expenses, audit fees, and rents cannot exceed 60% of funds received from the City. o Work Program and Budget shall be approved by the City Manager in each year funds are received from the City. ~ shall be made in three (3) payments to WP, ABA: on or after Nov. 5, May 5, and July 15 of each fiscal year. Actual Net Revenues disbursed to WRABA shall mean actual special tax receipts to the City less two percent (2%) for the City's administrative costs incurred in collecting and administering such receipts. The Municipal Auditor or Independent Auditor shall have access to WRABA's books and records during regular office hours. WRABA will pay for the independent audit. ° City Council will authorize City Manager to designate one representative to be an ex officio member of the Board of Directors of WRABA with full voting rights and privileges. Membem of City Council Page 3 May 20, 1996 III. Issue,s: Need for Council to review and continue tax program from Williamson Road Need for Williamson Road Area Service District tax program and the Williamson Road Area Services Agreement, D. Cost to General Fund, G. Program Implementation, Adopt a measure authorizing the continuation of the levy and collection 0f additional real property tax on real property contained within the boundaries of the Williamson Road Area Service District in the amount of 10 cents per $100 of assessed valuation, and adopt a measure authorizing the execution of a new Services Agreement, in a form approved by the City Attorney, between the City of Roanoke and WRABA for continuing the Williamson Road Area Service District program. Need for the Williamson Road Area Service District tax program and Services Agreement to continue revitalization of the Williamson Road area commercial district. ]~x/gr~ will be provided by Council approving a continuation of the levy and collection of an additional real property tax on real property contained within the boundaries of the Williamson Road Area Service District in an amount of 10 cents per $100 of assessed valuation. F~tll~l~daL.K~l~will be off-set as Services Agreement stipulates that 2% of actual receipts be retained by the City to cover administrative costs incurred in collecting and administering such receipts. Members of City Council Page 4 May 20, 1996 Lcqgal~.ulho~ to enact this program is found within Sections 15.1- 18.2 and 18.3, Code of Virginia (1950), as amended. 5. Acr, oJlnlal~ for this program will be as follows: Program implementation and results - City Manager. Aasmunlk~ - Director of Finance. c. ~ - Independent Auditor. o Pro,am Implementation will be handled via a Services Agreement with ~the Williamson Road Area Service District tax program or authorize the execution of a new Services Agreement with WRABA. ~ to enhance the services offered by the City to the Williamson Road Area Service District business community will still exist. 2. I~ will not be an issue. 3. Cost tight--will be zero. ~ for Council to establish or continue a Williamson Road Area Service District tax will still be available if Council chooses to do so at a later date. 5. ~ is not an issue. Program implementatioll could still be done by WP, ABA if another funding source could be identified. It is recommended that City Council adopt ~ which will authorize the following: The continuation of the Williamson Road Area Service District additional tax as provided for in the Section 32-103.1 of the Code of the City of Roanoke (1979), as amended; and, Membem of City Council Page 5 May 20, 1996 The execution by the City Manager of a new Williamson Road Area Service District Services Agreement between the City of Roanoke and the Williamson Road Area Business Association, Inc. WRH:LJF/lf Attachment CC: Marsha Compton Fielder, Commissioner of Revenue Gordon E. Peters, City Treasurer William F. Clark, Director of Public Works Robert H. Bird, Municipal Auditor Barry L. Key, Office of Management and Budget James D. Ritchie, Assistant City Manager Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Respectfully submitted, W. Robert Herbert City Manager AF'P-2']- i'?DE, 00: 4L-I I,ID'AE:A %40~62=:q?'n P 32 l;16 Rttachment A Although the SSD went into effect on July 1, 1993, an Executive Director was not hired until October, 1993 and the first h~tallment of the SSD allocation ($23,402.79) was not received until November, 1993. Wraba achieved the following results fi.om October, 1993- April 1994 1993/94 Achievements - Hired full time Executive Director - Upgraded office systems for word processing, database management and financial management. Strengthened relationships with: -City and Count5, elected officials -Appropriate City and County staff, including Economic and Community Development, Commissioner of Revenue, Department of Real Estate Valuation and Public Works. -Commorrwealth of Virginia economic development representatives -Local Chambers of Commerce -Convention and Visitors Bureau -Appropriate non-profits -Area Businesses -Surveyed WRABA membership and SSD business community for their input on specific prOblems, concerns, and solutions-- as well as, how SSD revenue should be spent. - Conducted open planning meeting of WRABA and SSD businesses- 2 hour working session, Facilitated by City staffand outside professionals. Prodded critical input for the development of the 94/95 Work Plan - Recruited new members - Completed Breckenridge School Landscaping project. - Contracted tbr weed control on sidewalks and curbs in SSD. - Contracted w/th WSLS 10 for promotional/advertising spots on businesses in and out or' the SSD, - Allocated $5,500 for 12 "Clean City" trash cans to begin litter control plan within the SSD. - Developed new brochure for membership recrui~nent. - Circulated and mailed 1st issue ofquartely WRABA newsletter initial circulation 400 1994/95 Achievements -Developed and made available to WP, ABA members and the SSD businesses a catalogue of economic development incentives. - Contracted with private weed control firm to spray weeds in the right of way in the SSD. - Purchased 12 additional litter cans- placed on Williamson Road in the SSD - Decorated the landscaped area in fi'ont of Breckenridge School with Christmas Lights. - Implemented 3 month advertising and promotional campaign spotlighting Wiltiamson Road Area's diversity of products and serv/ces. - Developed a comprehensive business and services directory. - Continued to strengthen relationships with city staff'and elected officials. - Developed new orientation packet for new members. - Expanded membership by 16% - Contracted lbr and received annual independent audit. - Continued publication and expanded circulation of newsletter. - Joined Virgima Downtown Development Association. - WR_~tA Executive Director selected to chair Salem-Roanoke Regional Chamber of Commerce Public Sector Committee. AF'F'-,~]- l'a'q6, 00:.4 l hlPASA -5 4036251L--'T'q F'. U4 - Opened cooperative dialogue with Roanoke Regional Chamber to explore ways to work together for the mutual benefit of the area and each orgamzation - Conducted "Full Length Walk" of Williamson Road, meeting business owners and employees- soliciting input on how we can better serve their needs - Started "Operation Focus" driving key community members up and down Willianson Road to point areas that need improvements. 1995/96 Achievements - Distributed Businesses and Serdces Directory - to hotels, motels and other relevant outlets. - Obtained concept proposals ~rom Landscape Architecture Department at Vir~nia Tech. Provided administrative support for students involved in the project. Contracted for and received a professional proposal from Hills Studios for an Mfi'astmcture improvement project -Continued weed control project - Purchased additional graphic panels for already ex/sting litter cans on W'dliamson Road and in the SSD - Decorated the landscaped area in fi'ont of Breckemidge School with Christmas Lights. - Established competitive awards program for best holiday decoration among north county businesses. - Conducted "feasibility" study for the development of a major festival in the area, which would become the "signature" event for the organization. - Implemented Spring and Fall Flea Festivals. - Continued to strengthen relationships with elected officials and City and County staff - Concentrated special efforts to find ways to cooperate with Roanoke County - Continued to provide orientation for new members - Updated brochure - Continued to provide timely relevant speakers for membership meetings - Implemented" Spring Membership Drive" ~ Expanded membership - Contracted for and received annual audit of WRABA's financial activity - Concentrated on professional development for Admimstration and Executive Board CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VlRGINIA 24011-1595 TELEPHONE: 540981.2431 TELECOPIER; 540-224-3071 WILBURN C. DIBLING, JR. CITY ATTORNEY May 20, 1996 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATTORNSYS The Honorable Mayor and Members Roanoke City Council Roanoke, VA Amendment of the Code of the City of Roanoke (1979), Sections 32-102.3, 32-102.4. 32-103.3, and 32-103.4 Dear Mayor Bowers and Members of Council: In preparing the ordinance relating to the Williamson Road Area Service District, it was noted that references to sections of the Code of Virgim'a (1950) within City Code Sections 32-102.3, 32-102.4, 32-103.3 and 32-103.4 should be amended in order to conform City Code references to the Code of Virgima. Accordingly, the attached ordinance conforms those sections of the Code of the City of Roanoke to the proper numerical references in the Code of Virgima as it has been amended. The attached ordinance makes no substantive changes to the City Code. It is recommended that Council adopt the attached housekeeping ordinance so that the sections of the City Code will conform to the current numerical sections in the Code of Virgin/a. With kindest personal regards, I am Sincerely yours, City Attomey WCD/lsc cc: W. Robert Herbert, City Manager May 20, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, VA Dear Mayor Bowers and Members of Council: Subject: Williamson Road Area Service District and Williamson Road Area Service District Services Agreement Please reserve space on Council's agenda for a report concerning the subject shown above. Respectfully submitted, W. Robert Herbert City Manager WRH/If cc: City Clerk City of Roanoke Memorandum To'- From: Date: Subject: W. Robert Herbert, City Manager r.~ ,~~/' ~ April 18, 1996 Williamson Road Area Service District Economic Development staff and the City Attorney's office are currently preparing a Council report for Council's May 20, 1996, meeting. The report will include an outline of the effectiveness of the Williamson Road Area Service District tax program as stipulated by Ordinance No. 31472-052493. The report will recommend continuation of the Williamson Road Area Service District tax program. The current tax program expires on June 30, 1996; therefore, a new ordinance is required in order to continue the program. If I can be of further assistance, please contact me. If Mary Parker, City Clerk IN TH~COUNCILOFTHECITY OF ROANOKE, VIRGINL~ The 20th day of May, 1996. No. 32943-052096. AN ORDINANCE amending and reordalning §32-102.3(a), ~ §32-102.4, ~ §32-I03.3(a), ~ and §32-103.4, Other Powers and Duties, of the Code of the City of Roanoke (1979), as amended, so that the references in those sections to the Code of Virginia will conform with the current numbering of the Code of Virginia; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-102.3(a), ~ of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordalned to read and provide as follows: §32-102.3. (a) Taxes collected pursuant to this division shall be levied for end used to provide additional governmental services not being offered uniformly throughout the entire city, including but not limited to, economic and business development and promotional activities intended to foster business retention, business recruitment and developer recruitment; planning for the development or revitnliTation of downtown and for the ~on and public facility and public space needs of downtown; and those public purposes enumerated in section 15.1-18.2, Code of Virginia (1950), as amended. Costs of collecting, accounting for and administering the tax provided for by this division shall be a charge against revenues derived from such tax. 2. Section 32-102.4, Other powers an4 dutie~ of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §32-102.4. ~. The city shall have aH those powers and duties with respect to a downtown service district set forth in section 15.1-18.2, Code of Virginia (1950), as amended, including the power to contract with any person, firm or corporation to provide additional governmental services in such district. 3. Section 32-103.3, ]~]~P-Q,~z.Q.t_T.~ of the Code of the City of Roanoke (1979), as amended, is k~raby amended and renrdalned to read and provide as follows: §32-103.3. ]~. (a) Taxes collected pursuant to this division shall be levied for and used to provide additional governmental services not being offered uniformly throughout the entire city, including, but not limited to economic and business development and promotional activities intended to foster business retention, business recruitment and developer recruitment, planning for the revitalization of the WiHiamson Road area, and those public purposes enumerated in section 15.1 - 18.2, Code of Virginia (1950), as amended. Costs of collecting, accounting for and administering the tax provided for by this division shall be a charge against revenues derived fi.om such tax. 4. Section 32-102.3, !~II]~O.~T.t~ oftbe Code of the City of Roanoke, (1979), amended, is hereby amended and reordalned to read and provide as follows: §32-103.4. w ' . The city shall have all those powers and duties with respect to a service district set forth in section 15.1-18.2, Code of Virginia (1950), as amended, including the power to co~a.a~ict with any person, finn or corporation to provide additional governmental services in such district. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in fidl force and effec~ upon its passage. ATTEST: City Clerk. ]~ TH~ COU~C]~ OF TH~ CITY OF ROANOKE, VIrGIniA, The 20th day of May, 1996. No. 32944-052096. AN ORDINANCE authorizing the continuation of the additional tax on real property and improvements located in the Williamson Road Area Service District as defined by section 32-I03.2 of the Code of the City of Roenoke (1979), as amended, and further authorizing a certain agreement to be entered into with the W'dliamson Road Area Business Association, Inc. (WRABA) for an initial term of one year commencing Suly 1, 1996, and for nine successive one year terms, to provide that WRABA shall act on behalf of the City to foster economic advancement and development of the Wiiliamson Road Area Service District previously created by City Council; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roenoke as follows: 1. That the Council of the City of Roanoke, having determined that the additional tax imposed by section 32-103.1 of the Code of the City of Roanoke 0979), as amended, (City Code) on real property and improvementz located in the Williamson Road Area Service District is helping with the r~'on and development of the Williamson Road Area Service District, hereby continues the sa~d tax se~ forth in section 32-103.1 at the same rate often cents ($.10) for every one hundred dolla~ ($I00.00) of ~ value of real property and improvement~ located in the Williamson Road Area Service District aa defined by section 32-103.2 together with the valuation provisions of that section and the other provisions of Division 7, Williamson Road Area Service DistricL Article H, Real Estate Taxes Generally, Chapter 32, Taxation. City Code, as more particularly S~t forth in the City Manager's report to this Council dated May 20, 1996. 2. The City Manager or the Assistant City Manager is hereby authorized to execute and the City Clerk is authorized to attest, respectively, a written agreement between the City and WRABA for an initial term of one year commencing July 1, 1996, which shall be automatically extended annually for nine additional fiscal years, subject to termination, with or without cause, during each such period of time; providing for WRABA's serving as an independent contractor of the city for the purpose of undertaking certain developmental and or governmental activities as may be agreed upon by this Council and as allowed by section 15.1- I 8.2 of the Code of Virginia (1950), as amended, in the Williamson Road Area Service District heretofore created by City Council; providing that WRABA shall undertake such activities with tax revenues generated fi.om the Williamson Road Area Service District pursuant to section 32-103.1, City Code; providing for approval of the work program and budget of WRABA by the City Manager each year not later than June 1, 1996, of the initial year and not later than April 1, of any successive year; providing for disbursements by the City to WRABA of an amount up to the actual tax receipts received by the City pursuant to section 32-103.1, City Code less an administrative fee to cover the City's direct cost incurred in collecting and administering such receipts; and providing for the City Manager to designate one representative to be an ex officio member of the Board of Directors of WRABA, this Council her~ aathodz~ tbe City Manager to appoint such ex officio member; all as more specifically provided in tbe ~-port of the City Manager to this Council dated May 20, 1996. 3. Tbe term of the Citers agreement with WRABA shall be automatically extended on each ~'uly 1, comm~xing July 1, 1997, for nine su~'_~'__~__'_,~ve one year terms with the agreement expiring on ~'une 30, 2006, unless ~ pan'y has earlier given ninety days written notice of termination prior to the expiration of any one year term pursuant to the appropriate section oftbe agreement or the City has earffer chosen to terminate the agreement for cause as provided for in the agreement. 4. WRABA shall conduct aH its activities in accordance with sections 32-103 through 32-103.4, City Code and sections 15.1-18.2 and 15.1-18.3, Code of Virginia (1950), as amended. The agreement to be executed by the City Manager or the Assistant City Manager shall be in a form approved by the City Attorney. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 May 21, 1996 SANDRA H. EAKIN Deputy City Clerk FiFe ¢f-60-178-183-236 Neva J. Smith Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Ms. Smith: I am enclosing copy of Resolution No. 32942-052096 authorizing execution of amendments to the Community Development Block Grant and HOME contracts with the City of Roanoke Redevelopment and Housing Authority to reimburse the City of Roanoke's General Fund for expenditure in the amount of $160,929.00, in connection with the HOME Investment Partnerships Program, as more Particularly set forth in a report of the City Manager under date of May 20, 1996. Resolution No. 32942-052096 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of May, 1996. No. 32942-052096. VIRGINIA, A RESOLUTION authorizing execution of amendments to the Community Development Block Grant and HOME contracts with the City of Roanoke Redevelopment and Housing Authority for the administration of the HOME Investment Partnerships Program. WHEREAS, the Department of Housing and Urban Development (HUD) HOME Cash Management System procedures have prevented draw-downs by the Treasurer's Office'to reimburse the City for payments to the Roanoke Redevelopment and Housing Authority for its HOME activity delivery costs; and WHEREAS, the funds are needed to reimburse the City's General Fund for payment of $160,929.00 in delivery costs in connection with the HOME Investment Partnerships Program, as described in the City Manager's report dated May 20, 1996. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are authorized to execute and attest, respectively, Amendment No. ! to the Community Development Block Grant contract and Amendment No. i to the HOME contract with the Roanoke Redevelopment and Housing Authority to reimburse the City's General Fund for the expenditure of $160,929.00 in connection with the HOME Investment Partnerships Program, as more particularly set forth in the report to this Council dated May 20, 1996. Attorney. The form of the amendments shall be approved by the City ATTEST: City Clerk. TM TIIB CO~Z~. O' THB CITy O, ROANOEB, VIRGZMZ& The 20th day of May, 1996. No. 32941-052096. AN ORDINANCE to amend and reordain certain sections of the 1995-96 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Community Development $ HOME Investment Partnership FY92 (1-2) ............ HOME Investment Partnership FY94 (3-5) ............ HOME Investment Partnership FY95 (6-8) ............ Community Development Block Grant FY95 $ RRHAAdministrative F¥95 (9-13) ................... Unprogrammed CDBG FY95 (14-16) .................... Community Development Block Grant FY96 $ RRHAAdministrative FY96 (17) ..................... Unprogrsm~ed CDBGFY96 (18) ....................... 1) Rental Rehabilitation Support 2) Unprogrammed HOME 3) Down Payment & Closing Cost Support 4) CHDO Assistance Support 5) Unprogrammed HOME (035-052-5300-5271) $( 9,479) (035-052-5300-5320) 9,479 (035-052-5302-5301) (18,000) (035-052-5302-5302) ( 3,750) (035-052-5302-5320) 21,750 2,510 000 756 000 605 000 651 000 3,373 752 465 609 215 794 2,574 376 301 611 145.933 6) GainSboro Lot/ Homeownership Support 7) Owner-Occupied Rehabilitation Support 8) Unprogrammed HOME 9) Rental Rehabilitation Support 10) Owner-Occupied Support 11) CHDO Assistance Support 12) Downpayment & Closing Cost Support 13) Gainsboro Lot/ Homeownership Support 14) Unprogrammed CDBG - Williamson Road Garage 15) Unprogrammed CDBG - Home Purchase Assistance 16) Unprogrammed CDBG - RRHA 17) Owner-Occupied Support 18) Unprogrammed CDBG - Williamson Road Garage (035-052-5303-5305) (035-052-5303-5306) (035-052-5303-5320) (035-094-9410-5004) (035-094-9410-5032) (035-094-9410-5330) (035-094-9410-5331) (035-094-9410-5332) (035-094-9440-5182) $(14,000) (115,700) 129,700 9,479 37,005 3,750 18,000 14,000 ( 37,050) (035-094-9440-5192) ( 6,297) (035-094-9440-5197) (38,887) (035-095-9510-5032) 78,695 (035-095-9540-5182) ( 78,695) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia May 20, 1996 96-10 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject; Amendment 1 to the Community Development Block Grant (CDBG) Agreement and Amendment 1 to the HOME Investment Partnerships Program (HOME) Agreement with the Roanoke Redevelopment and Housing Authority (RRHA) City Council authorized the RRHA's 1995-96 CDBG and HOME activities and fallding as part of the Consolidated Plan approved for submission to the U.S. Department of Housing and Urban Development (HUD) on May 8, 1995, by Resolution 32476-050895. Bo City Council authorized the 1995-96 CDBG and HOME agreements with the RRHA on August 14, 1995, by Resolution 32599-081495 and Resolution 32602- 081495, respectively. Costs to deliver CDBG and HOME activities are allowable expenditures under HUD regulations and funds for such purposes are provided in the RRHA agreements. "Delivery costs" include staff and other overhead expenses directly related to conducting the activities, but exclude the general administrative costs of the entity. Do Previous HUD regulations allowed the use of CDBG funds to pay for the delivery costs of HOME activities. HOME funds were prohibited from paying such costs. HUD regulations were changed to allow CDBG or HOME funds to pay for all or part of the costs to deliver HOME activities. Fo Since June 1995. HOME funds have been charged a portion of the RRHA's costs to deliver HOME activities. A total of 5;160.929 in HOME funds have be~ll ~ for such purposes. HUD's HOME Cash Management System procedures have prevented draw-downs by the Treasurer's Office to reimburse the City for payments made to the RRHA for its HOME activity delivery costs. Members of Council Page 2 III. Bo Do A. B. C. HOME-funded delivery costs cannot be set up in a general account for draw-down as needed. Rather, each individual HOME project (specific address) must be set up to include only those delivery and other costs applicable to the project. Further, HOME funds can only reimburse delivery costs which are associated with completed projects. These restrictions do not apply to CDBG-funded HOME delivery costs. The restrictions were not known until the City attempted to set-up a HOME account to draw-down HOME funds to reimburse delivery costs paid to the RRHA. To avoid disruption in housing services to the community, the City has temporarily used General Funds to pay the RRHA's delivery costs while considering HOME- and/or CDBG-funded alternatives which could allow the draw-downs to proceed. Resolution of the problem will require charging the RRHA's HOME delivery costs to CDBG funds. ~ to the CDBG and HOME agreements with the RRHA in order to: Increase funding in the RRHA CDBG accounts by $160,929~ the amount needed for HOME activity delivery costs. Decrease funding in the RRHA HOME accounts by $160.929, the amount budgeted for HOME activity delivery costs. These HOME funds will become available for other housing related activities. Adjust CDBG and HOME accounts as appropriate to record revenues and disbursements for the HOME activity delivery costs. Cost to the City. Timing. IV. Members of Council Page 3 Alternatives: Ao Authorize the Ci.ty Manager or the Assistant Ci.ty Manager to execule, and the City Clerk to attest, Amendment 1 to the CDBG Agreement and Amendment 1 to the HOME Agreement with the RRHA, similar to Attachments 1 and 2 to this report, approved as to form by the City Attorney, and authorize transfers of flJnd~ as outlined on Attachment 3 to this report. Cost to the City will not be a factor if the agreements are amended. No funds will be lost to the City as a result of amending the CDBG and HOME agreements. 2. Emldiag is available from existing Urban Development Action Grant (UDAG) and CDBG program income sources. Use of these funds will not adversely effect any current or planned projects. 3. Timing is critical; amendments need to be executed prior to the expiration of the CDBG and HOME agreements on June 30, 1996. 4. MalcJlillg_flll~ are required by the HOME program. UDAG program income used for HOME activities helps meet this requirement. Upon exec.uting these amendments, the City will have fulfilled 95% of its match requirement for all HOME funds awarded to the City by HUD to date. Do not authorize execution of the amendments to the RRHA CDBG and HOME Agreements. o Cost to the City would be ~ in General Funds which could not be reimbursed for HOME activity delivery costs paid to the RRHA. F_mldiag in the CDBG and UDAG program income accounts would remain available for other uses, but at the expense of $25.0_.922 in General Funds. Timing would not be a factor. MaIc&iag_flla~ required for HOME funds received from HUD to date would have to be obtained from other sources. Recommendation: It is recommended that City Council concur with Alternative ^~ which would: 1. Authorize the Ci.ty Manager or the Assistant Ci_ty Manager to execttl'C, and the City o Members of Council Page 4 Clerk to attest, Amendment 1 to the CDBG Agreement and Amendment 1 to the HOME Agreement with the RRHA, similar to Attachments 1 and 2 to this report, approved as to form by the City Attorney, and Authorize transfers of funds as outlined on Attachment 3 to this report. Respectfully submitted, WRH: FEB Attachments C: W. Robert Herbert City Manager Assistant City Manager City Attorney Director of Finance Director of Public Works Budget Administrator Housing Development Coordinator Office of Grants Compliance Executive Director, Roanoke Redevelopment and Housing Authority Attachment 1 Page 1 AMENDMENT No. 1 This Amendment No. 1 is entered into this day of __ 1996, by and between the City of Roanoke (the Grantee) and the City of Roanoke Redevelopment and Housing Authority (the Subgrantee). WHEREAS, pursuant to the Grantee's CDBG program and by written Agreement with the Grantee, dated August 15, 1995, the Subgrantee has contracted for the operation of certain activities ("Agreement"); and WHEREAS, by Resolution No. __ and by Budget Ordinance No.__ __, adopted _, 1996, City Council has authorized the execution of Amendment No. 1 to the Agreement and appropriated funds therefor. NOW THEREFORE, the Grantee and the Subgrantee do mutually agree to amend the Agreement as follows: 1. Part I.D. shall read as follows: I.D. HOME-Program Support: The Subgrantee is responsible for providing staff support and program delivery for HOME Investment Partnership Program activities implemented by the Subgrantee. The HOME programs to be implemented by the Subgrantee are described in the HOME Agreement between the Grantee and the Subgrantee and include: 1. Down Payment and Closing Cost Assistance Program; 2. CHDO Development and Assistance Program; 3. Gainsboro Lot Acquisition/Homeownership Initiative Program; 4. Owner-Occupied Rehabilitation Program; and 5. Rental Rehabilitation Program. Funds available to the Subgrantee for staff support and delivery costs shall not exceed: $18_000 for the Down Payment and Closing Cost Assistance Program; ~ for the CHDO Development and Assistance Program; $14_000 for the Gainsboro Lot Acquisition/Homeownership Initiative Program; $150.000 for the Owner-Occupied Rehabilitation Program; and $74.479. for the Rental Rehabilitation Program. The total funding for HOME staff support and delivery costs shall not exceed $260,229. 2. Part II.C. shall read as follows: II.C. Limitq of lCtmdin? Sources; Except as indicated in this paragraph, payments to the Subgrantee may be made from any active CDBG project and general administration accounts up to the amount designated by Roanoke City Council; however, the total payments from all sources to the Subgrantee for program support and general administration of the .- Attachment 1 Page 2 identified program activities shall not exceed $417.132 for the 1995-96 program year, unless increased by amendment to this agreement. Of this amount, the ~ budgeted for General Administration in account numbers 035-094-9410- 5035 and 035-095-9510-5035 cannot be overspent. Further, of the total funds, the amounts designated in Part I.D.shall be used solely to support HOME activities. The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATI~EST: CITY OF ROANOKE By Mary F. Parker, City Clerk By City Manager/Assistant City Manager ATTEST: SUBGRANTEE By H. Wesley White, Dir. of Development Roanoke Redevelopment and Housing Authority By Neva J. Smith, Executive Director Roanoke Redevelopment and Housing Authority APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney APPROVED AS TO EXECUTION APPROVED AS TO FUNDS AVAILABLE Assistant City Attorney Director of Finance Date Account # (See Account Listing) Description Fiscal Year 1995-1996 RRHA CDBG Contract Accounts Attachment 1 Page 3 Account Numbers CDBG FuMs Project Support Admin Total Purchase-Rehab 035-095-9520-5091 40,000 40,000 Quick Resp, to Emerg. 035-095-9510-5076 035-095-9520-5203 74,783 Total 74,783 16,946 16,946 16,946 74,783 91,729 Quick Resp. to Elderly 035-095-9510-5002 035-095-9520-5003 129,784 Total 129,784 29,946 29,946 29,946 129,784 159,730 Operation Paintbrush 035-095-9510-5048 035-095-9537-5102 40,000 Total 40,000 8,000 40,000 48,000 Gainsboro Enhancement II 035-093-9320-5009 035-094-9420-5009 035-095-9510-5008 Total 108,011 127,215 235,226 12,000 12,000 108,011 127,215 12,000 247,226 Gainsboro Professional Prk 035-093-9320-5011 035-093-9330-5011 035-095-9510-5007 035-094-9420-5011 Total 2,511 34,404 41,111 78,026 20,000 20,000 2,511 34,404 20,000 41,111 98,026 Description Fiscal Year 1995-1996 RRHA CDBG Contract Accounts (cont'd) Account Numbers Project Support Admin Attachment 1 Page 4 Total Henry St. Improvements 035-094-9437-5151 69,908 035-095 -9510-5046 30,000 035-095-9537-5151 80,000 Total 149,908 30,000 69,908 30,000 80,000 179,908 Deanwood Industrial Park 035-095-9510-5001 2,071 035-094-9430-5020 11,270 Total 11,270 2,071 2,071 11,270 13,341 Shaffers Crossing Phase I 035-093-9330-5145 6,811 035-095-9510-5047 5,000 035-095-9530-5145 126,974 Total 133,785 5,000 6,811 5,000 126,974 138,785 Owner-Occupied Support 035-095-9510-5032 112,995 112,995 035-094-9410-5032 37,005 37,005 Total 150,000 150,000 Rental Rehab Support 035-093-9310-5004 29,612 29,612 035-094-9410-5004 9,942 9,942 035-095-9510-5004 34,925 34,925 Total 74,479 74,479 Dpmt/Clos. Cost Support 035-094-9410-5331 18,000 18,000 Description Fiscal Year 1995-1996 RRHA CDBG Contract Accounts (cont'd) Account Numbers Project Support Attachment 1 Page 5 Admin Total CHDO Assistance Support 035-094-9410-5330 3,750 3,750 G'boro Lot/Home Support 035-094-9410-5332 14,000 14,000 RRHA General Admin. 035-095-9510-5035 035-094-9410-5035 Total* 29,728 29,728 3,212 3,212 32,940 32,940 CDBG TOTAL 892,782 384,192 32,940 1,309,914 * Includes Lead-Based Paint Analyzer maintenance fees. AMENDMENT No. 1 Attachment 2 Page 1 This Amendment No. 1 is entered into this __ day of 1996, by and between the City of Roanoke (the City) and the City of Roanoke Redevelopment and Ho-----using Authority (RRHA). WHEREAS, pursuant to the City's HOME program and by written Agreement with the City, dated August 15, 1995, the RRHA has contracted for the operation of certain housing ac ' ' ' " and nwues ( Agreement ) WHEREAS, by Resolution No. __ __ and by Budget Ordinance No. - , adopted _, 1996, City Council has authorized the execution of Amendment No. 1 to th~ Agreement and appropriated funds therefor. NOW THEREFORE, the City and the RRHA do mutually agree to amend Attachment A of the Agreement to read as follows: Account # 5303-5233 Fiscal Year 1995-1996 RRHA HOME Contract Accounts Descriptioll General Administration Attachment A Pro_iecl ~S~p. oIZ ~ T_olal 33,254 33,254 5302-5235 Owner-Occupied Rehab 138,031 5303-5235 Owner-Occupied Rehab 95,000 138,031 95,000 5300-5236 Rental Rehab 67,939 5301-5236 Rental Rehab 250,000 67,939 250,000 5300-5240 Down Pmt/Closing Cost 15,128 5302-5240 Down Pmt/Closing Cost 73,500 15,128 73,500 5301-5231 Purchase/Rehab 98,600 5303-5231 Purchase/Rehab 30,000 98,600 30,000 Attachment 2 Page 2 5302-5260 Suppl. Loan Subsidies 100,000 100,000 5302-5311 Gainsboro Home/Lot 42,000 42,000 5303-5311 Gainsboro Home/Lot 28,000 28,000 5303-5304 CHDO Assistance 24,341 24,341 TOTAL 938,198 0.00 57,595 995,793 The Agreement shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATFEST: CITY OF ROANOKE By Mary F. Parker, City Clerk By City Manager/Assistant City Manager ATTEST: SUBGRANTEE By H. Wesley White, Dir. of Development Roanoke Redevelopment and Housing Authority By Neva J. Smith, Executive Director Roanoke Redevelopment and Housing Authority APPROVED AS TO HOME ELIGIBILITY Attachment 2 Page 3 APPROVED AS TO FORM Office of Grams Compliance Assistant City Attorney APPROVED AS TO EXECUTION APPROVED AS TO FUNDS AVAILABLE Assistant City Attorney Date Director of Finance Account # Attachment 3 Account Transactions Required Amount of A. Decrease the following RRHA HOME accounts and transfer to HOME accounts listed in part B. 035-052-5300-5271 035-052-5302-5301 035-052-5302-5302 035-052-5303-5305 035-052-5303-5306 Rental Rehab Support Down Pmt/Closing Costs Support CHDO Assistance Support Gainsboro Lot/Homeownership Support Owner-Occupied Rehab Support 9,479.00 18,000.00 3,750.00 14,000.00 115,700.00 Total 160,929.00 B. Increase the following HOME accounts by funds transferred from part A. 035-052-5300-5320 035-052-5302-5320 035-052-5303-5320 Unprogrammed HOME Unprogrammed HOME Unprogrammed HOME 9479.00 21,750.00 129,700.00 Total 160,929.00 C. Decrease the following CDBG accounts and transfer to RRHA CDBG accounts listed in part D. 035-094-9440-5182 035-094-9440-5192 035-094-9440-5197 035-095-9540-5182 Unpmgrammed WM RD (UDAG) Unpmgrammed HM PUR Unprogrammed CDBG RRHA Unprogrammed WM RD (UDAG) 37,050.00 6,297.00 38,887.00 78,695.00 Total 160,929.00 D. Increase the following RRHA CDBG accounts by funds transferred from part C. 035-094-9410-5004 035-094-9410-5032 035-094-9410-5330 035-094-9410-5331 035-094-9410-5332 035-095-9510-5032 Rental Rehab Support Owner-Occupied Support CHDO Assistance Support DPCC Support Gains. Lot/Home Support Owner-Occupied Support 9,479.00 37,005.00 3,750.00 18,000.00 14,000.00 78,695.00 Total 160,929.00 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 May 22, 1996 File #72-178-236-399 SANDRA H. EAKIN Deputy City Clerk Amy C. Moore Executive Director Habitat for Humanity in the Roanoke Valley, Inc. 541 Luck Avenue, S. W., Suite 310 Roanoke, Virginia 24016 Dear Ms. Moore: I am enclosing copy of Resolution No. 32945-052096 authorizing the City Manager to execute an agreement with Habitat for Humanity in the Roanoke Valley, to provide for the use of Community Development Block Grant funds, in the amount of $20,000.00, for reimbursement of expenses associated with construction of seven new houses on seven lots located at 819, 825, 831, and 837 Kellogg Avenue, N. W., 2019 Moorman Road, N. W., 1430 Salem Avenue, S. W., and 1701 Chapman Avenue, S. W., in accordance with recommendations contained in a report of the City Manager under date of May 20, 1996. Resolution No. 32945-052096 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1996. No. 32945-052096. A RESOLUTION authorizing the City Manager to execute an agreement with Habitat for Humanity in the Roanoke Valley, to provide funding for reimbursement of expenses associated with construction of seven new houses on seven lots under the provisions of the Vacant Lot Homesteading Program, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Habitat for Humanity in the Roanoke Valley, which agreement shall provide for the use of Community Development Block Grant funds in the amount of $20,000.00 for reimbursement of expenses associated with construction of seven new houses on seven lots located at addresses from 819, 825, 831, 837 Kellogg Avenue, N.W., 2019 Moorman Road, N.W., 1430 Salem Avenue, S.W., and 1701 Chapman Avenue, S.W., in accordance with the recommendations contained in the City Manager's report to this Council dated May 20, 1996. 2. The form of the agreement shall be approved by the City Attorney. ATTEST: City Clerk. II. May 20, 1996 96-132 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Agreement with Habitat For Humanity in the Roanoke Valley Under the Vacant Lot Homesteading Program Vacant Lot Homesteading Program is an ongoing program that provides funds to reimburse some the expenses of building new houses on vacant lots, and selling the houses to low-moderate income households within older areas of the City. $4.000 per lot maximum reimbursement to non profit organizations is available for actual documented and verified costs incurred through the: Purchase price of the lot, up to fair market value; Legal fees associated with the purchase and resale of the property by the builder/developer; Cleating and grading where necessary; Building Permit fees; and Water and sewer connection fees. Council approved Ordinance No. 32525-062695 providing $20,000 h, Community Development Block Grant (CDBG) funds available in account No. 035-095-9520-5104 for Vacant Lot Homesteading Program activities. Current Situation: Habitat For Humanity in the Roanoke Valley has completed projects potentially eligible for reimbursement under the Vacant Lot Homesteading Program at: 819 Kellogg Avenue NW 825 Kellogg Avenue NW 831 Kellogg Avenue NW 837 Kellogg Avenue NW 2019 Moorman Road NW 1430 Salem Avenue SW 1701 Chapman Avenue SW (Tax Map No. 2050710); (Tax Map No. 2050709); (Tax Map No. 2050708); (Tax Map No. 2050707); (Tax Map No. 2323004); (Tax Map No. 1211901); and (Tax Map No. 1213016). Execution of an Agreement with Habitat For Humanity in the Roanoke Valley is ~ to provide reimbursement for these projects in accordance with CDBG III. IV. regulations and Vacant Lot Homesteading Program requirements. Issues: A. Consistency with the City's Consolidated Plan B. Cost to the City Alternative~: Authorize the City Manager or Assistant City Manager to execute and the City Clerk to attest the attached a~reement with Habitat For Humanity in the Roanoke Valley, to be approved as to form by the City Attorney, providing for reimbursement of certain costs upon completion and sale of identified properties under the Vacant Lot Homesteading Program. Consistency with the City's Consolidated Plan would be met. Priority A, Objective 3 of the Plan calls for construction and sale of 25 new homes to owner occupants over the 5-year period. This Agreement will support as many as 7 such projects for low-moderate income households. Cost to the City will be $20,000 in CDBG funds currently available in account No. 035-095-9520-5104, and allocated to the Vacant Lot Homesteading Program. Timing is such that funds will be available for reimbursement upon execution of the Agreement, and documentation of costs and sale of the properties to qualified home buyers. Do not authorize the City Manager or Assistant City Manager to execute or th~: City Clerk to attest the attached agreement with Habitat For Humanity in the Roanoke Valley, providing for reimbursement of certain costs upon completion and sale of identified properties under the Vacant Lot Homesteading Program. Consistency with the City's Consolidated Plan would not be met. Affordable home ownership opportunities for low-moderate income households in seven newly constructed homes would not be supported. 2. Cost to the City would not be an issue. ~ is such that $20,000 in CDBG funds currently available in account No. 035-095-9520-5104, and allocated to the Vacant Lot Homesteading Program may not be committed to eligible projects in FY 1995-1996. V. Recommendation: Adopt alternative A, thereby Authorizing the City Manager or Assistant City Manager to execute and the City Clerk to attest the attached agreemenl with Habitat Fo~- Humanity in the Roanoke Valley, to be approved as to form by the City Attorney, providing for reimbursement of certain costs upon completion and sale of identified properties under the Vacant Lot Homesteading Program. Respectfully submitted, W. Robert Herbert City Manager WRH:CBCJr CC~ City Attorney Director of Finance Director Of Public Works Building Commissioner Housing Development Coordinator Office of Grants Compliance CITY OF ROANOKE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT TillS AGREEMENT is made this day of , 1996, by and between the CITY OF ROANOKE (Grantee) and HABITAT FOR HUMANITY 1N THE ROANOKE VALLEY (Subgrantee). The Grantee- City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee~ Habitat For Humanity in the Roanoke Valley, Inc. 1701 Cleveland Avenue, S.W. Roanoke, Virginia 24016 The Grantee has been authorized by its City Council pursuant to Resolution No. , adopted to provide Community Development Block Grant (CDBG) funds toward the Vacant Lot Homesteading Program. The Parties hereto agree as follows: 1. Scope of Services: The Grantee shall make a grant of Community Development Block Grant funds to the Subgrantee for the reimbursement of certain documented expenses associated with construction and sale of new single-family houses on specified vacant lots in the City of Roanoke under the provisions of the Grantee's Vacant Lot Homesteading Program. The expenses eligible to be reimbursed for each lot, up to a total of $4,000 per lot, may include the following: Purchase price or other land cost of the lot; Costs to clear and/or grade and/or prepare the lot for construction; Building permit fees; Legal and other fees paid by Subgrantee typically associated with conveyance of the lot, and/or conveyance of the property after completion of construction (such as deed recordation, grantor's tax upon resale, survey); and Water and sewer lateral and connection fees. The addresses of the properties constructed for which expenses may be reimbursed are: 819 Kellogg Avenue NW, Tax No. 2050710 819 Kellogg Avenue NW, Tax No. 2050710 825 Kellogg Avenue NW, Tax No. 2050709 831 Kellogg Avenue NW, Tax No. 2050708 837 Kellogg Avenue NW, Tax No. 2050707 1430 Salem Avenue SW, Tax No. 1211901 1701 Chapman Avenue SW, Tax No. 1213016 2019 Moorman Road NW, Tax No. 2323004 Payment of reimbursement for each property will be subject to the Subgrantee selling the property to a low-moderate income household to occupy the property. Low-moderate income is defined as income not exceeding 80% of the median family income in the Roanoke Metropolitan Area as established by the United States Department of Housing and Urban Development. The Subgrantee agrees that the sale price of each property will not include or reflect the amount of this grant, thereby passing the benefits of this grant to the low-moderate income buyer who will occupy the house. Time of Performance: 1996. This Agreement shall be in effect beginning July 1, 1995 and ending on June 30, Payment of Reimbursement Upon completion of construction and sale of any property identified in lB above, the Subgrantee shall submit to the Grantee's Housin- D ~ ~w, upment ~Jmce a request for payment, with proper documentation of costs claimed as identified in Section lA above, and resale of the property to an eligible buyer as required in Section IC above. Upon approval of the request by the Grantee, the Grantee shall disburse to the Subgrantee reimbursement of eligible cost not to exceed $4,000 per lot, and not to exceed under the terms of this Agreement a total of $20,000. Indemnity Provision Habitat For Humanity in the Roanoke Valley agrees and binds itself and its successors and assigns to indemnify, keep and hold the City and its officers, employees, age~ts., volunteers and representatives free and harmless from any liability on account of any InJury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Habitat For Humanity in the Roanoke Valley including: (a) Habitat For Humanity in the Roanoke Valley's use of the Streets of the City, or any other City property, utilities, easements, or right of way; (b) the activities undertaken as set forth in Section 1 Scope 0f Services , above; (c) the exercise of any right or privilege granted by or under this Agreement; (d) or the failure, refusal or neglect of Habitat For Humanity in the Roanoke Valley to perform any duty imposed upon or assumed by Habitat For Humanity in the Roanoke Valley by or under this Agreement. In the event that any suit or proceeding shall be brought against the City or any of its officers, employees, agents, volunteers or representatives in law or in equity, either independently or jointly with Habitat For Humanity in the Roanoke Valley on account thereof} Habitat For Humanity in the Roanoke Valley, upon notice given to it by the City or any of its officers, employees, agents, volunteers or representatives, will pay'all costs of defending the City or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the City or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Habitat For Humanity in the Roanoke Valley, the Habitat For Humanity in the Roanoke Valley will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City or any of its officers, employees, agents, volunteers or representatives harmless therefrom. Suspension and Termination: Suspension or termination may occur if the Subgrantee materially fails to comply with any term of this award, and the award may be terminated for convenience by the Grantee or Subgrantee upon written notificatk~n to the awarding agency (HUD), setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to the terminated. Compliance with Federal Re_m~lations: The Subgrantee agrees to abide by the HUD conditions for CDBG programs set forth in Attachment A, as if it were the Grantee referenced therein, and all other applicable federal regulations relating to specific programs performed hereunder. Religious and Political Activities; as The Subgrantee agrees that the funds provided under this contract will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR 570.200 (j). The Subgrantee agrees that no funds provided, nor personnel employed under this agreement, shall be in any or to any extent engaged in the conduct of political activities in Violation of Chapter 15 of Title V, United States Code. Uniform Administrative Requirements; The Subgrantee shall comply with the requirements and standards of OMB C~rcular No. A 122, Costs Principles for Non Profit Orgamzat~ons and with OMB Circular No. A- 110, if applicable. 10. 11. 12. 13. 14. Program Income; Program income means gross income directly generated from the use of CDBG funds. Program income does not include proceeds from fund raising activities carried out by the Subgrantee. No program income is expected to be generated. If program income is received, the Subgrantee must submit funds to the Grantee within five (5) days of its receipt by the Subgrantee. Reversion of Assets; Pursuant to 24 CFR 570.503, HUD requires that, upon expiration of this Agreement, the Subgrantee shall transfer to the recipient any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. However, because this Agreement provides only for reimbursement of eligible expenses, there will be no assets subject to reversion, and this requirement does not apply. Records: The Subgrantee shall maintain full and accurate records with respect to ail matters covered under this Agreement. All records pertaining to the Agreement and the services performed pursuant to it, shail be retained for a period of three (3) years after the expiration date of this Agreement or its amendments. Appropriate City and/or HUD personnel shail have free access to those records during the Agreement duration and the following three-year time period. Conflict of Interest: No employee, agent, consultant, officer or appointed official of the Subgrantee. Who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activity, may obtain a personal or financiai interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. Annual Audit: The Subgrantee shall provide for an independent audit, in compliance with OMB Circular A-133, which will include all CDBG expenditures covered by the Agreement. Copies of said audit report shail be furnished to the Grantee's Director of Finance and Office of Grants Compliance within thirty (30) days of completion of the audit. Third Party Contracts: The Grantee shall not be obligated or liable hereunder to any party other than the 4 Subgrantee. This Agreement, including all of its Exhibits, represents the entire agreement between the parties and this Agreement shall not be modified, amended, altered or changed, except by written agreement executed by the parties. This Agreement shall be governed by the laws of the Commonwealth of Virginia. 1N WITNESS THEREOF, the parties hereto have executed this as the day and year hereinabove written: ATTEST: CITY OF ROANOKE By: Mary F. Parker, City Clerk By: W. Robert Herbert, City Manager SUBGRANTEE By:. Witness Approved as to CDBG Eligibility By: David A. Camper, President Board of Directors Habitat For Humanity in the Roanoke Valley, Inc. Approved asto Form Office of Grants Compliance Assistant City Attorney Approved as to Execution Approved as to Funds Available Assistant City Attorney Director of Finance Acct. No. 5 Attachment A U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SPECIAL TERMS AND CONDITIONS "Section Y' Compliance in the Provision of Training. Emplo_vment and Business O mmmi : The work to be pezfonned under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirenumts of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170. Section 3 requires that to the greatest extent feasible opportonifies for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution ofthi.~ contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor orgsniT~tion or workers' representative of his conuultments under thi.~ Section 3 clause and shall post copies of the notice in conspicuous places available to r~Aoyees and applicants for employment or training. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in viohtion of regulations issued by the Secretary of Housing and Urban Development 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Pan 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compl/snce with the provisions of Section 3, the regulations set forth in 24 CFR Pan 135, and all applicable ntles and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, Attachment A its successor and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. Equal Em?oyment Opportunity.: Contracts subject to Executive Order 11246. as amended: Such contracts shall be subject to HUD Equal Employment Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted construction contracts. The Contractor shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work, or modification thereof as defined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, the following equal opportunity clause: "During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take afg, mative action to e~ure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: ~mployment, upgrading, demotion or Uausfer; recruitment or recrullment advertising; layoff or teJ't~,ination; rates of pay or other forms of compensation; and selection for training, including apprentice--s. The contractor agrees to post in conspicuous places available to employees and applicants for employment, notices to be provided by the contracting officer s~tt~g forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for eml~loyees placed by or on behalf of the contractor, state that all q, Alified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer adv/~ing the said labor union or workers' representatives of the contractor's commitment under thi~ section and shah post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with ah provisions of Executive Order 11246 of September 24, 1965, and of the roles, regulations and relevant orders of the Secretary of Labor. The contractor will furni.~h ah information and reports required by Executive Order 11246 of September 24, 1965, and by the rides, regulations and orders of the 2 Attachment A Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineligible for further Governrmmt contracts or Federally-assisted construction contract procedures anthotized in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions ofparagraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States." The Contractor further agrees that it w~l be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Contractor so participating is a State or local govermnent, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The Contractor agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for securing compliznce. The Contractor funhar agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for Government contracts and Federally-assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Depa~haent or the Secretary of Labor pursuant to Part II, Subpa~ D, ofthe Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertaldngs, the Department may take any or all of the A~achment A following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee, refrain from extending any fu~her assistance to the Contractor under the Program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Contractor; and refer the cause to the Department of Sustice for appropriate legal proceedings. Nond/scrimin. Cion Under Title VI of the Civil Rights Act of 19~: This Agreement is subject to the requh~ments of Title VI of the Civil Rights Act of 1964 (P,L. 88-352) and HUD regulations with respect thereto, mchiding the regulations under 24 CFR Part 1. In the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Contractor ,~al! cause or require a covenant runn/ng with the land to be inserted in the deed or lease for such transfer, prohibiting disc~mi~ation upon the basis or race, color, religion, sex or national origin, in the sale, lease or rental, or in the use of occupancy of such land or any improvements erected or to be erected thereon, and providing that the Contractor and the United States are beneficiaries of and entitled to enforce such covenant. The Comractor, in undertalcin_g its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discrim/nate. Contractor shall rema/n fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part · . of the program with respect to which assistance is being provided under this Agreement to the Contractor. Any Contractor which is not the Applicant mall comply with all lawful requirements of the Applicant necessary to insure that the program, with respect to which assistance is being provided under thJ~ Agreement to the Contractor is carded out in -----"r ..... ~vuonmental re onsibillti · · . . sp es otthe Applicant under Section 104(h) of me tiousmg and ComrmmRy Development Act of 1974. Interest of Certain Federal O~;~ :=ii: No member of or delegate to the Congress of the United States, and no Resident Commlksioner, shall be adraiiied to any share orpan of this Agreement or to any benefit to arise l}om the same. · ' : No member, officer or employee of the Contractor, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure, or for one (1) year thereaRer, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereo~ for work to be performed in connection with the .program assisted under the Agreement. The Contractor shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest Pursuant to the purposes of this section. 4 10. 11. 12. Attachment A Prohibition Auainst Payments of Bonus or Commlnsi{ The assistance provided under this Agreement shall not b-e used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for addi~onal assistance, or any other approval or concurrence of HUD required under this Agreement, Title I of the Housing and Coim~unity Development Act of 1974 or HUD regulations with respect thereto; provided, however, that reasonable fees or bona ~ide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. ~,Section 109": This Agreement is subject to the requirements of Section 109 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from paflicipation in, be denied the benefits ot~ or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Access to Records and Site of Em_nloyme..;.: This Agreement is subject to the requirements of Executive Order 11246, Executive Order 1375, Civil Rights Act of 1964, as amended. Access shall be permitted during normal business hours to the premiaes for the purpose of conducting on-site compliance reviews and inspecting and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and peFdaent to compliance with the Order, and the rules and regulations promulgated pursuant thereto by the Contractor. Information obtained in thla man~er shall be used only in connection with the adafiuistrat/on of the Order, the administration of the C/VII Rights Act of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. ]ig, fdr_dl; All records pertaining to this Agreement and the services performed pursuant to /t, sholJ be retained for a period of three (3) years at~er the exp/ration date of the Agreement. Appropriate City and/or HUD personnel shall have flee access to those records during the Agreement duration and the following three-year time period. Termination for Conwni~nee or for Can~,: This Agreement may be terminated by either the City or the Contractor in the event of a substantial failure to perform by either party. In the event of such tomh,afi_'on, the Contractor shall be entitled to collect all sums for services .Pm~whol~e ;rSi~f~tha~d~bt;t~fet~'_~on~This Agr.eem~en. t ~may be terminated for convenience r ~r ~ ~sty w~m me consent otthe uontractor, m which case the two patties ~all agree upon the termination conditions, including the effective date and in the case of partial t~ination, the portion to be terminated. Le~_al Remedies for Contract Violatio..: If the Contractor materially fails to comply with any term of this Agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award' or elsewhere, the City may take one or more of the following action, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Contractor, 5 Attachment A 2) Disallow all or part oft. he cost of the activity or action not in compliance, 3) Wholly or partly suspend or terminate the current Agreement, or 4) Take other remedies that may be legally available. 6 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 22, 1996 File #58-69-169-317-352 Wendi T. Schultz Executive Director Festival in the Park, Inc. P. O. Box 8276 Roanoke, Virginia 24014 Dear Ms. Schultz: I am enclosing copy of Resolution No. 32946-052096 authorizing the City Manager to execute an agreement with Roanoke Festival in the Park, Inc., to provide that the City grant credit up to $45,000.00 per year for use by such organization for festival activities to be held in 1996, 1997, and 1998, in accordance with recommendations contained in a report of the City Manager under date of May 20, 1996. Resolution No. 32946-052096 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F, Parker, CMC/AAE City Clerk MFP:sm Enc. 'IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1996. No. 32946-052096. A RESOLUTION authorizing the City Manager to execute an agreement with Roanoke Festival in the Park, Inc., upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Roanoke Festival to 20, to in the Park, Inc., substantially similar in form the agreement attached to the City Manager's report dated May 1996, to this Council, authorizing the City to grant credit up $45,000.00 per year for use by such organization for festival activities to be held in 1996, 1997, and 1998, in accordance with the recommendations contained in the City Manager's report to this Council dated May 20, 1996. The form of the agreement shall be approved by the City Attorney. ATTEST: City Clerk. May 20, 1996 Council Report ~96-137 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Roanoke Festival in the Park, Inc. Three (3) Year Contract I. BACKGROUND: Roanoke Festival in the Park, conducts the largest annual outdoor event in the City. 1996 will be its 27th year. Be Substantial City support is required since Festival in the Park is operated almost exclusively on City property. A three (3) year Contract was negotiated in 1993 that covered the 1993, 1994, and 1995 Festivals. That Contract specified obligations by both Festival in the Park and the City for the first time. II. CURRENT BITUATION= [ A. The 1993 Contract between Festival and the City has expired. in the Park 1996 Festival in the Park is scheduled to begin on May 23, 1996 and conclude Sunday, June 2, 1996. The DroDosed Contract (Attached) retains the maximum of $45.000.00 per year in City support. This support includes labor, utilities, and equipment rental fees. The Contract is similar to the three (3) year Contract approved in 1993, but more detailed in expectations by both involved parties. D. Vendor Business License issues are resolved. Honorable Mayor and Council Members Festival in the Park Three (3) Year Contract May 20 , 1996 Council Report #96-137, Page 2 III. ISSUES: ae B. C. D. Financial Support Staff SuPport Legal Timing IV. ALTERNATIVES: City Council authorize Contract to be approved to form by City Attorney and signed by City ManaGer. Financial support up to a maximum of $45,000.00 will be provided to support Festival in the Park, Inc. in each of the three (3) years covered. Staff support by various City Departments will be committed to Festival in the Park, Inc. in each of the three (3) years of the Contract. Legal authority is vested in Council to enter into a Contract with Festival in the Park, Inc. Timing of the signing is critical since the 1996 Festival in the Park is set to open May 23, 1996. B. city Council not authorize Contract to bn approved as to form by City Attorney and signed ~Mana~er. Financial support will not be extended, and funds will remain with various City Departments for expenditure elsewhere. staffsu_~Rp_qr_~ by various City Departments will not be committed to Festival in the Park, allowing staff to be utilized on other projects. Honorable Mayor and Council Members Festival in the Park Three (3) Year Contract May 20 , 1996 Council Report #96-137, Page 3 LeGal authority vested in Council to enter into a Contract is moot. Timing of the 1996 Festival in the Park will be unaffected. RECOMMENDATION= City Council concur with Alternative Authorize City Manaqer to execute the Contract with Festival in the Park in form approved by the City Attorney. WRH/jjn Attachment CC: Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Public Safety Manager, Parks & Recreation Business Coordinator, Parks & Recreation Recreation Superintendent, Parks & Recreation Parks & Grounds Superintendent, Parks & Recreation City Risk Management Officer Chief, Billings and Collections Special Events Coordinator, Parks and Recreation Wendi Schultz, Festival in the Park IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, A RESOLUTION authorizing the City Manager to execute an agreement with Roanoke Festival in the Park, Inc., upon certain terms and conditions. BE follows: 1. IT RESOLVED by the Council of the City of Roanoke as That the City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Roanoke Festival in the Park, Inc., substantially similar in form to the agreement attached to the City Manager's report dated May 20, 1996, to this Council, authorizing the City to grant credit up to $45,000.00 per year for use by such organization for festival activities to be held in 1996, 1997, and 1998, in accordance with the recommendations contained in the City Manager's report to this Council dated May 20, 1996. 2. The form of the agreement Attorney. shall be approved by the City ATTEST: City Clerk. AGREEMENT THIS AGREEMENT is made this __ day of between the CITY OF ROANOKE, VIRGINIA ("City") IN THE PARK, a Virginia non-stock corporation , 1996, and ROANOKE FESTIVAL ("Licensee"). WHEREAS, Licensee has, for several years, operated Festival in the Park ("Event") which benefits the residents of the Roanoke Valley by attracting tourism to the City of Roanoke and surrounding areas, by having a substantial economic impact upon the City and by enhancing the cultural and social opportunities available in the area; and WHEREAS, Licensee intends to continue to promote the Event during the current fiscal year and thereafter; and WHEREAS, City has, in the past, provided substantial in-kind support to Licensee; and WHEREAS, the parties to this Agreement desire to formalize the arrangement between City and Licensee with respect to the Event. covenants follows: contained in this W I TNE S S E TH: IN CONSIDERATION of the mutual Agreement, City and Licensee agree as 1. Term: This agreement shall commence on the date indicated above and, unless terminated in accordance with the provisions of this Agreement, shall extend until June 30, 1998. Event: Event shall be defined as "The series of activities occurring in the City of Roanoke over the period of time beginning the Thursday before Memorial Day and lasting for eleven (11) calendar days each year, which activities are under the direct control of the Licensee." The Event shall not include any other activities which may be sponsored by the Licensee at other times of the year, or other activities which may occur during the aforementioned time period that are not under any measure of control of the Licensee. Licensee shall provide the City with a written list of activities at least thirty (30) days prior to the commencement of the Event. F~nancial SuDDort: During each fiscal year that this Agreement is in effect, the City shall grant to Licensee credit in an amount not to exceed $45,000.00. Licensee may use such credit to offset utility, labor, and equipment usage charges and related expenses which Licensee incurs with the City in relation to the Event. A recap of the amount of credit used for an Event shall be provided to the Licensee no later than October 31 of the year that the Event took place. During any fiscal year, if Licensee's charges with the City may exceed $45,000.00, the City and Licensee shall discuss such proposed charges before such are incurred, and Licensee agrees to reimburse the City within ten (10) days after discussions with the City and Licensee's receipt of an invoice detailing charges and expenses claimed due. In return for its support of the Event, the City shall receive name recognition as a contributor to the Event on the Schedule of Events. The City reserves the right to requested support. official brochure and decline any specific If, in the sole opinion of the Manager of 2 e the Parks and Recreation Department, the request cannot be fulfilled without disrupting City operations, the request may be declined or modified to an impact level which is acceptable to the City. Requests for support not provided in previous years shall be answered within fourteen days (14) of receipt of the request. Notification of reduction or elimination of support provided in previous years shall be given to the Licensee by January 1 of the year that the support would have been expected. (a) Accounting Related to Victory Stadium: Within thirty (30) days after each year's Event, Licensee shall file with the City Clerk a preliminary certified statement setting forth all gross receipts, program expenses, and net revenues from each usage of Victory Stadium, and a statement that all net revenues from each such usage will be expended in accordance with Resolution 24982, adopted by City Council January 28, 1980. (b) Accounting Related to Entire Event: Licensee shall provide the following information to the City Clerk no later than December 15th of each year: (1) a complete and signed Federal Tax Form 990 covering all activities by the Licensee for the year, and (2) a total for expenses and revenues for any activities conducted by the Licensee during the year which are not covered by this Agreement. City Representatives: The City Manager shall designate in writing one or more contact persons to serve as the City's representative to the Event. This representative will serve as coordinator between the City and Licensee, expediting all requests, keeping Licensee and the City fully informed of new procedures, ordinances, and the like having an impact on both the City and Licensee. Licensee may request and the City Manager may designate another or additional contact person upon a showing by Licensee that such request is reasonably necessary to the success of the Event. Elmwood Park: Licensee agrees that each activity held at Elmwood Park shall be scheduled to conclude promptly by 10:00 p.m. In case of exigent circumstances, Licensee may extend the activity to 10:30 p.m., after which time the City Manager or his representative, permit the activity to certain designated by representative. Provision of Information: after consultation with Licensee, may continue beyond 10:30 p.m. to a time the City Manager or his designated (a) Licensee shall provide the City with the name, address, telephone number, and nature of goods to be sold of each vendor who has filed an application to sell or offer for sale to the public any foods or beverages at the Event. Such information shall be provided as soon as practical prior to the Event to the City's Office of Billings and Collections, 215 Church Avenue, S.W., Roanoke, Virginia 24011, it being agreed that a preliminary listing shall be provided no later than April 15 of each year this Agreement is in effect. 4 Se (b) Licensee shall provide the City with the name, address, and telephone number of all contractual service providers, as well as the nature of the service that they are providing, whose address is within the Roanoke City limits. Such information shall be provided to the Commissioner of the Revenue, 215 Church Avenue, S.W., Roanoke, Virginia 24011, as soon as practical, but no later than April 15 of each year that this Agreement is in effect. (c) Licensee agrees that should licensing requirements or tax laws change, Licensee shall honor any reasonable request for additional information necessitated by the change in licensing requirements or tax laws. Any vendor information supplied to the City shall utilized only for official permitted by law. Vendors with Delinquent Taxes: with a list of vendors who have be held as confidential, and City business, to the extent City shall provide Licensee delinquent tax obligations owing to the City. Licensee shall notify in writing such vendors that they may be subject to collection action for any tax delinquencies if the City provides Licensee with properly identified vendors by January i of each year that this contract is in effect. Licensee shall have no liability for any vendor's tax delinquencies. Payment ef Taxes b~ Licensee: Licensee agrees to collect and pay to the City, in accordance with the requirements of the City's Director of Finance or other official charged with the 5 10. responsibility of administering such taxes, all taxes owing to City that result from Licensee's activities related to the Event, including but not limited to admissions tax pursuant to Article IX of Title 32, Code of the City of Roanoke (1979), as amended, and the prepared food and beverage tax pursuant to Article XIV of Title 32, Code of the City of Roanoke (1979), as amended. Insurance: Licensee shall obtain and maintain, until the conclusion of the last day of the Event, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate to include Five Thousand Dollars ($5,000.00) medical payments. The policy shall be an "occurrence" type policy from an insurance company licensed to do business in the State of Virginia with a Best Rating of A or better. Licensee shall obtain and maintain workers' compensation in statutory limits. Licensee shall obtain and maintain Employer's liability insurance in the following amounts: $100,000.00 (each accident/injury); $500,000.00 (each employee/disease) and $100,000.00 (disease policy limit). Workers' compensation and employers' liability coverages shall contain a waiver of subrogation in favor of the City. If any organization co-sponsors with Licensee any race, athletic tournament or similar sporting activity concurrently with the Event, such co-sponsoring organization shall provide the City with proof of commercial general liability insurance of at least One Million Dollars ($1,000,000.00) for the co-sponsored event. Licensee and any co-sponsoring organization shall name the City, its officers, agents, employees and volunteers as additional insureds as their interests may appear on the appropriate liability policies. At least thirty (30) days prior to the commencement of each year's Event, both licensee and co-sponsors shall furnish to City certificates evidencing the required insurance coverage and expressly providing that such coverage shall not be canceled or materially altered except after thirty (30) days prior notice to City. All insurance correspondence shall be sent to the City of Roanoke, c/o Risk Management Officer, Room 506, Municipal Building North, Roanoke, Virginia, 24011. ll. Indemnification and Allocation of Risk: Licensee agrees to be responsible for and pay, indemnify and hold harmless City, its officers, agents, employees and volunteers against any and all loss, cost or expense, including reasonable attorneys' fees, and other costs of defense, resulting from any claim or legal action of any nature whatsoever, whether or not reduced to a Judgment, for any liability of any nature whatsoever that may arise against City in connection with the Event or in connection with any of the rights and privileges granted by City to Licensee in this Agreement, including, without limitation, personal injury, wrongful death or property damage claims, any patent, trademark, franchise, copyright, libel or defamation claim or suit, any claim or suit based upon 7 12. 13. Licensee's or Licensee's volunteers' or invitees' omissions, and any claims, agents', servants', employees', intentional or negligent acts or fines or penalties resulting from improper use, storage, release or disposal on City property of any substance regulated under any federal, state or local law, regulation or ordinance; except that Licensee shall not indemnify City for any liability or expense which results from the City's, its employees' or agents' own acts or omissions. Licensee specifically agrees to indemnify and hold City harmless from any and all claims, losses or expenses, including reasonable attorney's fees, incurred with regard to performance of copyrighted materials during the Event. Receipt and Storage of Property: Receipt and storage of equipment or property by City for Licensee shall not be permitted unless authorized in writing by the City Manager or his representative, and any such storage shall be at the Licensee's sole expense and risk. Licensee agrees to hold City harmless for any damage to or loss of any equipment or property received or stored in accordance with this paragraph, unless such damage or loss shall be caused by the City's sole negligence. Compliance with Laws and Regulations: Licensee shall comply with all laws, ordinances and regulations adopted or established by federal, state or local governmental agencies or bodies and with all applicable City rules and regulations, 8 14. 15. 16. and Licensee shall require that its agents, employees, contractors or subcontractors do likewise. Licenses and Permits: Licensee shall pay promptly all applicable taxes and fees and obtain all licenses or permits as required by federal, state or local laws and ordinances and Licensee shall provide evidence of compliance with such federal, state and local therefor by City. Emergency Medical Services laws and ordinances upon demand (EMS): Minimum medical coverage necessary for the Event will be Jointly determined by Licensee and City Emergency Medical Services representative. Licensee and City EMS representative will formulate and agree upon an emergency medical services plan for the Event. Such plan shall include but not be limited to coverage hours, level of service, EMS provider and unit locations. Licensee shall pay the mutually agreed upon cost associated with securing such minimum level of medical service for the Event. City shall coordinate with Roanoke Emergency Medical Services, Inc., and utilize volunteer personnel whenever possible to provide minimum medical coverage. No Emergency Medical Services agency or other entity shall provide medical coverage for the Event unless authorized by the City. Action in Public Interest: Licensee agrees that it is the policy of City to serve the public in the best possible manner and Licensee agrees that it, its employees and agents shall at 9 17. 18. 19. all times cooperate with City in effecting this policy and maintaining the public faith. Agreement to Quit Premises; Damage to Premises: Licensee agrees to quit all City property at the conclusion of the Event and to leave all City property in the same condition as at the commencement of the Event, ordinary wear and tear excepted. The original condition of all properties and facilities to be utilized will be determined by a "Walk Through" inspection conducted prior to the commencement of the Event. Such inspection shall be conducted by representatives of both the City and Licensee at a time convenient to both. After discussing the matter with the City's representative and, if requested, with the City Manager, Licensee shall pay on demand to City in cash the full cost of repairing to good condition or restoring to good condition any City property reasonably deemed by City to have been damaged as a result of or arising out of Licensee's use of the property. Assignment: Licensee shall not assign or transfer any right or interest under this Agreement, including, without limitation, the right to receive any payment, without City's prior written approval of satisfactory evidence of such assignment and Licensee agrees that any such assignment without prior written approval of City shell be null and void. Notice: Notice to City required or permitted by this Agreement shall be hand-delivered or sent by certified mail, return receipt requested, to City of Roanoke, Department of 10 20. 21. Parks and Recreation, c/o Special Events Coordinator, 210 Reserve Avenue, S.W., Roanoke, Virginia 24016. Notice to Licensee required or permitted by this Agreement shall be hand-delivered to l16A West Kirk Avenue, Roanoke, Virginia 24011, or sent by certified mail, return receipt requested, to Licensee at P.O. Box 8276, Roanoke, Virginia 24014. Notice mailed in accordance with this paragraph shall be deemed received upon mailing. Relationship to Other Parties: It is not intended by any of the provisions of any part of this Agreement to confer a benefit upon any other person or entity not a party to this Agreement or to authorize any person or entity not a party to this Agreement to maintain a suit pursuant to the terms or provisions of this Agreement, including, without limitation, any claim or suit for personal injuries, property damage or loss of profits or expenses. Security: In addition to the normal police security provided by the City, Licensee shall provide at its expense off-duty City police officers and security guards employed by a private security services business licensed by the Department of Commerce of the State of Virginia crowd control. At least thirty commencement of each year's Event, to provide security and (30) days prior to the Licensee shall meet with the Roanoke City Police Department and representatives of other City departments as appropriate to discuss and provide the City with a written security plan which shall indicate the 11 22. number and employment category of all security personnel to be used at the Event. Advance written notice of this meeting of at least 15 days must be given to the Roanoke City Police Department and Roanoke City Special Events Coordinator. The plan shall be subject to approval of City, which approval, after consultation with Licensee, shall not be unreasonably withheld. At such time, Licensee shall present proof, satisfactory to the City, of the employment of required police officers and security guards. Private security guards shall have no authority to engage in law-enforcement activities or perform security services off the areas occupied by the Event. Approval of the security plan by the City shall constitute concurrence in the minimum number of personnel to be employed, but such concurrence will not relieve Licensee of its primary responsibility for determining and providing adequate security forces. Alcoholic Beverages: Alcoholic beverages and glass containers will not be permitted on City property during the Event with the exception of Victory Stadium where beer and wine will be permitted. Additionally, coolers will not be permitted at Victory Stadium. Licensee shall take reasonable measures to ensure that no alcoholic beverages or glass containers are brought onto City property under Licensee's control and that no coolers are brought into Victory Stadium. Alcoholic beverages may be sold by Licensee in designated areas in accordance with applicable ABC laws and regulations. The 12 restrictions contained in this paragraph shall be included in the press packet prepared by Licensee. 23. Non-Discrimination: In the performance of this Agreement, Licensee shall not discriminate against any contractor, subcontractor, sublessee, employee, applicant for employment or invitee because of race, religion, color, sex or national origin except where race, religion, color, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of Licensee. 24. Guarantee: During the term of this Agreement, City guarantees Licensee the use of Victory Stadium for its Event, subject to all applicable City regulations, resolutions and ordinances, unless Victory Stadium is under construction or scheduled to be under construction at the time of the Event. City shall give Licensee one year's notice should Victory Stadium not be available for Licensee's use during any year, unless such unavailability is the result of an occurrence mentioned above or acts of God or other events outside of City's control. 25. Concession Rights Granted Licensee: (a) During the Event, City grants to Licensee the exclusive concession rights for Crestar Plaza, Key Plaza, Century Plaza, Smith Park and Elmwood Park. These rights apply only to the park or plaza and adjoining sidewalk. The rights do not extend to sidewalks on the opposite side of the street unless the park or plaza is also on the opposite side of the street. 13 26. (b) The City grants to Licensee concurrent concession rights at Victory Stadium during the Event. It is understood that the Licensee has certain exclusive arrangements with suppliers of concession items for the Event, and that the City also has existing contractual arrangements for vending food and beverages at Victory Stadium. Licensee is granted exclusive concession rights for food and beverage only inside of the inner stadium fence and in the permanent seating areas. Licensee is granted non-food and beverage concession rights only for areas within the outer stadium fence. No concession rights of any type are granted for any areas outside of the outer stadium fence. City contractual food and beverage concessionaire shall have the right to pass through the area demarcated by the inner fence so as to reach the opposite side of the stadium to supply its operations located there or to retrieve or deliver supplies stored there. Licensee shall communicate with the City's contractual concessionaire either by telephone, written document, or in person, at least sixty days prior to the Event to discuss cooperation between Licensee and concessionaire with respect to concurrent operations and any exclusive contracts. City and Licensee agree that City and its contractual concessionaire will abide by Licensee's exclusive arrangements so long as they may do so without violating any legal requirements including any other written contact or agreement. Termination of Agreement: Either party may terminate this Agreement upon one hundred eighty (180) days written notice to the other party. In the event of such termination, the City 14 27. shall not be obligated to reimburse Licensee for any costs incurred after the effective date of such termination notice. Inspections: (a) The parties agree that the City's Fire Marshall shall be permitted to inspect the operations of Licensee and of each vendor who contracts with Licensee to sell any product during the Event. (b) The parties agree that the City's Health Department Director, or his representatives, shall be permitted to inspect the operations of the Licensee and each vendor who contracts with the Licensee to sell any products during the Event. The Licensee agrees to abide by all Health Department regulations and assist in the implementation of any recommendations made by the Health Department concerning but not limited to: solid waste disposal, liquid waste disposal, rodent control, insect control, and recreational use of the Roanoke River. Licensee shall provide parking places for two Environmental Health Specialists (EHS) in close proximity to the area of the Event that they are working. Licensee shall also provide a work space in each area where activities are occurring for the EHS to utilize. Such space shall include a table and chair, be prominently located, and be accessible to both vendors and public. A picnic table may be substituted for the table and chair. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk Its WITNESS: ROANOKE FESTIVAL IN THE PARK By Its Approved as to form: Assistant City Attorney MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 22, 1996 File #60-144-270-282-361-472 Wilbar Truck Equipment, Inc. 8100 Alban Road Springfield, Virginia 22150 Dear Ladles and Gentlemen: I am enclosing copy of Resolution No. 32948-052096 accepting the bid of Wilbar Truck Equipment, Inc., to furnish one Recyclables Hauler, cab/chassis and body and one Recyclables Hauler body, at a total cost of $120,081.40, upon certain terms and conditions; and rejecting all other bids made to the City for such items. Resolution No. 32948-052096 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm EriC. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 22, 1996 File #60-144-270-282-361-472 Wayne E. Williams Fleet & Municipal Sales Magic City Motor Corporation P. O. Box 12807 Roanoke, Virginia 24028 Susan L. Newcomb Corporate Secretary Mid-Atlantic Waste System, Inc. 10998 S. Leadbetter Road, Unit #5 Ashland, Virginia 23005 Claiborne W. Terry, President Virginia Public Works Equipment Co. 2101 Loumour Avenue Richmond, Virginia 23230 Ladies and Gentlemen: I am enclosing copy of Resolution No. 32948-052096 accepting the bid of Wilbar Truck Equipment, Inc., to furnish one Recyclables Hauler, cab/chassis and body and one Recyclables Hauler body, at a total cost of $120,081.40, upon certain terms and conditions; and rejecting all other bids made to the City for such items. Resolution No. 32948-052096 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bids on the abovedescribed equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, V~RGI~A The 20th day of May, 1996. No. 32948-052096. A RESOLUTION accepting the bid for the purchase of one new Recyclables Hauler, cab/ch~_~,is and body and one new Recyclables Hauler body upon certain terms and conditions; and rejecting all other bids made for such items. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by Wilbar Track Equipment, Inc., to furnish one new Recydables Hauler, cab/chassis and body and one new Recyclables Hauler body at a total cost of $120,081.40, is hereby ACCEPTED. 2. The CiOfs Manager of Sup~y blmmgement is here~5, authorized and directed to issue any required purchase orders for the purchase of such equipment, and the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, any required documents with respect to the aforesaid items, such documents to be in such form as shall be approved by the City Attorney. 3. Any and ail other bids mad~ to the City for the aforesaid items are hereby RFJECTED, and the CiO] Cl~k is direcuxl to notify each such bidder and to expreas to each the Cites appreciation for such bid. ATTEST: City Clerk. ZN THZ CO~NCZL OF TRZ CZTY OF IOANOK~, VZRGZNZA The 20th day of May, 1996. No. 32947-052096. 1995-96 providing for an emergency. WHEREAS, for the Usual daily Government of the City of Roanoke, exist. AN ORDINANcE to amend and reordain certain sections of the General and Fleet Management Fund Appropriations, and Operation of the Municipal an emergency is declared to THEREFORE, BE IT ORDAINED by Roanoke that certain sections of the Management Fund Appropriations, be, amended and reordained to read as follows, the Council of the City of 1995-96 General and Fleet and the same are hereby, in part: Nondepartmental Transfers to Other Funds Reserved CMERP - City Capital Outlay from Revenue NonOperating Transfer from General Fund (1) ...................... (2) ......................... (4) .................... $ 53,800,331 52,988,753 $ 2,339,504 $ 3,272,511 $ 444,729 419,729 1) Transfer to Fleet Management Fund (001-004-9310-9517) 2) Reserved CMERP - City (001-3323) 3) Vehicular Equipment (017-052-2642-9010) 4) Transfer from General Fund (017-020-1234-0951) $ 120,082 (120,082) 120,082 120,082 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia May 20, 1996 96-330 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Bids to Purchase Recyclables Hauler, Bid No. 96-3-17 Backqround on the subject in chronological order is: A. Capital Maintenance and Equipment Replacement Proqram has identified the need for a recyclables hauler to continue the implementation of the City's Recycling Program. II. Specifications were developed and along with Request for Quotations were sent specifically to Sixteen (16) vendors currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. Bids were received after due and proper advertisement until 2:00 p.m. on March 27, 1996 at which time all bids appropriately received were publicly opened and read in the Office of the Manager of Supply Management. Current Situation is: Six (6) bid responses were received. A bid tabulation is attached. All bids received were evaluated in a manner by representatives of the departments: consistent following Public Works Solid Waste Management Fleet Management Supply Management Evaluation of bid items are as follows: Item #1 - One (1) new Recyclables Hauler, Cab/Chassis and Body. The lowest bid submitted by Wilbar Truck Equipment, Inc. meets all required specifications, for a cost of $81~049.00. Recyclables Hauler Page 2 Bid No. 96-3-17 III. IV. Item #2 - One (1) new Recyclables Hauler Body ~o be mounted on existing Cab/Chassis. The lowest bid submitted by Wilbar Truck Equipment, Inc. meets all required specifications, for a cost, including performance bond, of ~39,032.40. Issues in order of importance are: A. Need Compliance with Specifications Fundinq Alternatives A. in the order of feasibility are: Council accept the lowest bid, meeting specifications, for One (1) new Recyclables Hauler, Cab/Chassis and Body and One (1) new Recyclables Hauler Body to be mounted on existing Cab/Chassis from Wilbar Truck Equipment, Inc. for the total cost including performance bond, of $120~081.40. 1. Need for the requested equipment is necessary to continue the program schedule for collection of recyclable items. Compliance with Specifications is met by the units recommended in this alternative. Fundinq designated for this expenditure is available in the Capital Maintenance and Equipment Replacement Program. Reject all Bids Need to provide for the continuation of the collection of Recyclable materials program would not be met. Compliance with Specifications would not be a factor in this alternative. Fundinq designated for this requisition would not be expended at this time. Recyclables Hauler Page 3 Bid No. 96-3-17 cc: V. Recommendation City Council conc~r with Alternative "A", accept the lowest bid for One (1) new Recyclables Hauler, Cab/Chassis and Body and One (1) new Recyclables Hauler Body to be mounted on existing Cab/Chassis as submitted by Wilbar Truck Equipment, Inc. for the total cost of $120t081.40. Reject all other Bids. Transfer $120~081.40 from Capital Maintenance and Equipment Replacement Program to Fleet Management Account 017-052-2642-9010. Respectfully Submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Management & Budget Manager, Fleet Management Manager, Supply Management § 0 0 0 o 0 o 0 o 0 ~.~u o 0 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 22, 1996 File #5-60-144-183-270-361-472-514 Berglund Chevrolet, Inc. Cavalier Equipment Co. Farrell Ford-Pontiac, Inc. Highway Motors MSC Equipment, Inc. Magic City Motor Corp. Mid-State Equipment Co. Pinkerton Chevrolet-GEO, Inc. Roanoke Welding Co. Truck Body Corp. Virginia Public Works Equipment Co. Virginia Truck Center Ladies and Gentlemen: I am enclosing copy of Resolution No. 32950-052096 accepting bids for the purchase of trucks and related equipment, as follows, upon certain terms and conditions: Quantity and Description Successful Bidder Purchase Price One new 8-passenger window van Farrell Ford-Pontiac, Inc. Two new cab-chassis for refuse bodies Highway Motors, Inc. Two new refuse bodies Mid-State Equipment Co. Two new 10-ton dump bodies Cavalier Equipment Co. $ 16,985.00 $103,220.00 $ 52,500.00 $ 15,218.66 Berglund Chevrolet, Inc. Cavalier Equipment Co. Farrell Ford-Pontiac, Inc. Highway Motors MSC Equipment, Inc. Magic City Motor Corp. Mid-State Equipment Co. Pinkerton Chevrolet-GEO, Inc. Roanoke Welding Co. Truck Body Corp. Virginia Public Works Equipment Co. Virginia Truck Center May 22, 1996 Page 2 Resolution No. 32950-052096 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bids on the abovedescribed vehicular equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THECOUNCILOFTHECITYOF ROANOKE, VIRGINIA Th~ 20th day of May, 1996. No. 32950-052096. A RESOLUTION a_cc_ep~g the bids for the purchase of trucks and related equipment, upon certain terms and conditions; and rejecting all other bids made for such items. BE IT RESOLVED by the Council of the City of Roauoke that: 1. The bids in writing of the following named bidders to furnish to the City the items herein~er set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder% proposal, are hereby ACCEPTED, at the purchase price set out with each item: Quantity and lhsscription Sueeessful bMder Purebafe Price One (I) new $ p-n*,~ger window van Farrcll Ford-Pontim:, Inc. S16,985.00 Two (2) n~*w e. ab/ch--q,6s for refu~ bodies Hi~hw~, biotofs, Ino. S 103,220.00 Two (2) ~ r~fus~ bodim Mid-S~ Equipment Company $52,500.00 Two (2) n~w 10 ton dump Ixnliea Cavalier Equipment Company $15,218.66 2. Tbe City% Mauas~ of Supply Manasemem is hereby authorized and directed to issue any required purcha~ orde~ for the putcha~ ofttucka and related equipment, and the City Manager or the A~tant City Mana8~ is authorized to execute, for and on behalf oftbe City, any required purchase a~'eementa with reaper to th~ aforesaid item% such agreement~ to be in such form as shall be approved b~ tl~ City Attorn~j. 3. AnY and all o~h~ bida mede to the City for th~ aforesaid itema at~ hereby REJECTED, and the City Clerk is directed to noffy each such bidd~ and to expre~ to each the City's appreciation for such bid. ATTEST: City Clerk. IN THE COUNCIL OF THZ CITY OF RO/%NOKZ, VIRGINIA The 20th day of May, 1996. No. 32949-052096. 1995-96 providing for an emergency. WHEREAS, for the usual daily Government of the City of Roanoke, AN ORDINANCE to amend and reordain certain sections of the General and Fleet Management Fund Appropriations, and exist. THEREFORE, BE IT ORDAINED by Roanoke that certain sections of Management Fund Appropriations, amended and reordained to read as operation of the Municipal an emergency is declared to the Council of the City of the 1995-96 General and Fleet be, and the same are hereby, follows, in part: ro 'a ' Nondepartmental Transfers to Other Funds (1) ...................... Reserved CMERP - City (2) ......................... Fleet Manaae~ent FU~d Capital Outlay from Revenue (3) ................... Revenue NonOperating Transfer from General Fund (4) .................... $ 53,680,249 52,868,671 $ 2,459,586 $ 3,152,429 $ 324,647 299,647 1) Transfer to Fleet Management Fund (001-004-9310-9517} $ 187,924 2) Reserved CMERP - city (001-3323) (187,924} 3) Vehicular Equipment (017-052-2642-9010) 187,924 4) Transfer from General Fund (017-020-1234-0951) 187,924 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia May 20, 1996 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bower and Members of Council: SUBJECT: Bids to Purchase Trucks and Related Equipment, Bid No. 96-1-9 I. Background on the subject in chronological order is: Capital Maintenance and Equipment Replacement Program has identified vehicle replacement needs for various departments. Specifications were developed and along with Request for Quotations were sent specifically to Sixteen (16) vendors currently on the City's bid list. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. Bids appropriately received were publicly opened in the Office of the Manager of Supply Management at 2:00 p.m. on February 2, 1996. II. Current Situation is: A. Twelve (12) bid responses were received. A bid tabulation is attached. Ail bid responses were evaluated in a manner by representatives of the departments: consistent following Public Works Fleet Management Supply Management C. Bid evaluations are as follows: Item #1 - One (1) New Eight (8) Passenger Window Van for the Police Department. The lowest bid submitted by Farrell Ford-Pontiac, Inc. meets all required specifications at a cost of $16,985.00. Trucks and Related Equipment Page 2 Bid No. 96-1-9 III. Item #2 - One (1) New Cab/Chassis for Hydraulic Sewer Cleaner for Streets Department. Evaluation determined the need for some clarification in the specifications. The specifications are to be reviewed and rebid at a later time. Item #3 - One (1) New High Velocity Hydraulic Sewer Cleaner for Streets Department to be mounted on Item #4. The need for clarification in the specifications makes it necessary to reject the bids for this item. Specifications are to be reviewed and rebid at a later time. Item #4 - Two (2) New Cab/Chassis for Refuse Bodies for Solid Waste Management Department. The lowest bid submitted by Highway Motors, Inc. meets all required specifications at a cost of $51,610.00 per unit. Item #5 - Two (2) New 20 cu. yd. Refuse Bodies to be mounted on Item #4. The lowest bid, submitted by Mid-State Equipment Company meets all required specifications at a cost of $26,250.00 per unit. Item #6 - Two (2) New Dump Truck Cab/Chassis for Streets Department. The need for clarification in the specifications makes it necessary to reject the bid for this item. Specifications to be reviewed and rebid at a later time. Item #7 - Two (2) New 10 Ton Dump Bodies to be mounted on Item #7. The lowest bid, submitted by Cavalier Equipment Company meets all required specifications at a cost of $7,609.33 per unit. Issues in order of importance are: A. Need B. Compliance with Specifications C. Fundinq Trucks and Related Equipment Page 3 Bid No. 96-1-9 IV. Alternatives in order of feasibility are: City Council accept the lowest responsible bids and authorize the issuance of purchase orders for the following: One (1) New Eight (8) Passenger Window Van from Farrell Ford-Pontiac, Inc. for a cost of $16~985.00. Two (2) New Cab/Chassis for Refuse Bodies from Highway Motors, Inc. for a total cost of $103~220.00. Two (2) New Refuse Bodies to be mounted on above Cab/Chassis from Mid-State Equipment Company for a total cost of $52~500.00. Two (2) New 10 Ton Dump Bodies from Cavalier Equipment Company for a total cost of $15~218.66. Need for the requested equipment is to replace existing equipment to allow for maximum service to citizens and to provide for appropriate performance of required duties. Compliance with Specifications has been met by the vendors recommended in this alternative. Fundinq is available in the Capital Maintenance and Equipment Replacement Program for the requested equipment. Council not authorize the purchase of the requested equipment. 1. Need for the necessary replacement of equipment would not be accomplished. Compliance with Specifications would not be a factor in this alternative. 3. Fundlnq designated for the requested equipment would not be expended at this time. Trucks and Related Equipment Page 4 Bid No. 96-1-9 CC: V. Recommendation Council concur with Alternative "A", accept the lowest bids and authorize the issuance of purchase orders for equipment as follows: One (1) New Eight (8) Passenger Window Van from Farrell Ford-Pontiac, Inc. for a total cost of $16,985.00. Two (2) New Cab/Chassis for Refuse Bodies from Highway Motors, Inc. for a total cost of $103r220.00. Two (2) New Refuse Bodies from Mid-State Equipment Company for a total cost of $52r500.00. 4. Two (2) New 10 Ton Dump Bodies from Cavalier Equipment Company for a total cost of $15~218.66. B. Reject all other Bids. Transfer $187,923.66 from Capital Equipment Replacement Program to Account 017-052-2642-9010. Maintenance and Fleet Management Respectfully Submitted, W. Robert Herbert City Manager City Attorney Director of Finance City Clerk Director of Utilities & Operations Director of Public Works Management & Budget Manager, Supply Management Manager, Fleet Management 0 o rn 0 o m 0 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 22, 1996 File f~67-165-304 Clay L. Dawson, President Northwest Recreation Club P. O. Box 6232 Roanoke, Virginia 24017 DearMr. Dawson: I am enclosing copy of Ordinance No. 32900-052096 authorizing the City Manager to enter into an agreement authorizing the Northwest Recreation Club to construct a permanent addition to an existing structure at the Westside ballfield, upon certain terms and conditions. Ordinance No. 32900-052096 was adopted by the Council of the City of Roanoke on first reading on Monday, May 6, 1996, also adopted by the Council on second reading on Monday, May 20, 1996, and will be in full force and effect at such time as a copy, duly signed and attested by duly authorized officers of the Northwest Recreation Club, has been filed in the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W. '~'-'~ a'"'~l '~'Sincerely, Mary F. Parker, CMC/ME City Clerk MFP:sm Enc. pc: Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031 IN THE COUNCIL OF THE CITY OF ROANOKE, The 20th day of May, 1996. No. 32900-052096. VIRGINIA, AN ORDINANCE authorizing the City Manager to enter into an agreement authorizing the Northwest Recreation Club to construct a permanent addition to an existing structure at the Westside ballfield, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to enter into an agreement with the Northwest Recreation Club, authorizing the construction of a permanent addition to an existing city-owned concession/storage building at the Westside ballfield behind the existing baseball backstop, to be constructed of such materials and design as may be approved by the City Manager, or his designee, and the Supervisor of Building Operations for the Roanoke City Public Schools, prior to commencement of any construction. 2. This authorization is subject to submission to the City Manager of proof of adequate financial resources to permit completion of the project and receipt by the Northwest Recreation Club of the proper permit from the Building Commissioner. 3. The Northwest Recreation Club shall give prior notice to the City of its intention to commence construction. 4. Upon completion, the Northwest Recreation Club shall have the right to use the aforesaid structure, subject to such reasonable rules and regulations as may be established by the City Manager.' The Council reserves the right to cause this use to be discontinued at any time for good cause. 5. The Northwest Recreation Club shall be solely responsible for the maintenance and upkeep of the aforesaid structure for such period of time that it is used by the said organization. The City shall provide routine seasonal cleanup and maintenance of the interior portion of the restroom facilities. 6. Upon completion of the aforesaid structure, the structure shall become the property of the City of Roanoke. 7. By the execution of this Ordinance by its President, the Northwest Recreation Club agrees that it, its officers, agents, grantees, assigns, or successors in interest shall indemnify and hold harmless the City of Roanoke from any and all claims, legal actions and Judgments advanced against the City and for any expenses the City incurs in this regard, arising out of the construction, maintenance and use of the aforesaid structure. 8. The City Clerk shall transmit an attested copy of this ordinance to the Northwest Recreation Club. 9. If construction of the structure has not been completed to the satisfaction of the City Manager within fifteen (15) months of the date of this ordinance, authorization to construction such structure shall be revoked, and the Northwest Recreation Club shall remove all materials and equipment from the park within thirty (30) days of receipt of written notice to remove said materials and equipment. 10..,This ordinance shall be in full force and effect at such time as a copy, duly signed and attested by the duly authorized officers of the Northwest Recreation Club, has been filed with the City Clerk. ATTEST: ~.~ City Clerk. ACCEPTED and EXECUTED by the undersigned this , 1996. ATTEST: NORTHWEST RECREATION CLUB day of Secretary By. President May 6, 1996 Council Report No. 96-128 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request of Northwest Recreation Club to construct a permanent addition to an existing building at Westside ballfield. I. BACKGROUND: Northwest Recreation Club has requested permission from the City to construct a permanent addition to an existing city owned concession/storage building at Westside ballfield behind the existing baseball backstop. Refer to the attached letter dated April 3, 1996. Club related equipment is currently being warehoused off site in a leased storage building. Similar concession/storage facilities have been constructed and are being successfully operated by other City Recreation Clubs such as Williamson Road Recreation Club (Breckinridge Field), Southeast Recreation Club (Jackson Park) and Wilmont Recreation Club (Strauss Park). II. CURRENT SITUATION: City Cotmcil authorization is required prior to allowing construction of a permanent building on City or School property. Representatives of City Schools are aware of this request and are in favor of the proposed addition to the existing building. Please refer to the attached letter from Roanoke City Public Schools dated April 11, 1996. Northwest Recreation Club has raised approximately $20.000.00 for material costs and have received assurances for gratis construction assistance. Mayor and Members of Council May 6, 1996 Council ReportNo. 96-128 Request of Northwest Recreation Club Page 2 IlL IS_SUES: Need for facility. Use of public property. Cost of construction. D. Design of building. E. Time of construction. F. Agreement between parties. IV. ALTERNATI~_~__~.: At>prove request of Northwest Recreation Club to construct a permanent addition to an existing building at Westside ballfield. Need for an adequate facility to better serve the City's youth sports program in Northwest Roanoke would be met. Use of public property for the building would be appropriate due to public access and benefit. City will continue to own the building upon completion of the addition. Cost of construction, operation and maintenance would be solely the responsibility of Northwest Recreation Club. Prior to beginning construction, proof of financial resources necessary to complete construction would be submitted to and approved by City Engineer. No City or School funds would be required. Design of building and final plans would be subject to review and approval of Building Commissioner, City Engineer, Manager of Parks and Recreation and Supervisor of Building Operations for Roanoke City Public Schools prior to commencement of any construction. Time of completion would be within eighteen (18) months of authorization. Mayor and Members of Council May 6, 1996 Council ReportNo. 96-128 Request of Northwest Recreation Club Page 3 A~eement between the Ci_ty and Northwest Recreation Club would be executed. Agreement will include indemnification and hold harmless provisions and be in a form approved by the City Attorney in order to protect the City. Types and levels of insurance as deemed appropriate by the Risk Management Officer will be required. The policy shall include that the City, its officers, agents, employees, and volunteers be named as additional insureds. Deny request of Northwest Recreation Club to construct a permanent addition to an existing building at Westside ballfield. 1. Need for facility improvements would not be addressed. 2. Use of public property would not be an issue. Cost of construction, operation and maintenance would be moot. However, City funding may be needed should project be pursued at a later date. WRH:LBV:pr Design of building would not be necessary. Time of construction would be inconsequential. A~eement between parties would not be required. RECOMMENDATION is that City Council concur with Alternative "A" and approve request of Northwest Recreation Club to construct a permanent addition to an existing city building at Westside ballfield, subject to a written contract. Respectfully submitted, W. Robert Herbert City Manager Attachments Mayor and Members of Council May 6, 1996 Council ReportNo. 96-128 Request of Northwest Recreation Club Page 4 pc~ Mr. Clay L. Dawson, President Northwest Recreation Club P.O. Box 6232 Roanoke, VA 24017 Richard L. Kelley, Asst. Supt. for Operations, Roanoke City Public Schools City Attorney Director of Finance Director of Public Works Manager, Office of Management and Budget City Engineer Risk Management Officer Manager, Parks & Recreation Citizens Request for Services Parks Planner NORTHWEST RECREATION CLUB P.O. Box 6232 Roanoke, VA 24017 April 3, 1996 Mr. John W. Coates Manager Roanoke City Parks & Recreation 210 Reserve Avenue, SW Roanoke, VA 24016 Dear Mr. Coates: The Nortbwest Recreation Club was formed in 1963 to provide a variety of quality youth athletic and recreational activities and opportunities for boys and girls from age 6 to age 18. Our nonprofit organization currently offers programs in Baseball, T-ball Softball, Football, Basketball and Cheerleading for youngsters living in the Northwest area of the City. We register approximately 1,000 children a year in our various programs. The organization has utilized the Westside Elementary School ballfield for our football, cheerleading and baseball practices and games for over thirty years. In 1965, the Club constructed a 200 square foot building adjacent to the ballfield to serve as our concession and storage facility. In 1985, the City greatly improved the site by: constructing a paved parking area; replacing the backstop and fencing; providing concrete walkways, bleacher pads and player areas. In 1991, the City upgraded the ballfield lighting system. Our purpose in writing you is to express the appreciation of this Club for the improvements that have been made over the years and to formally request permission from the City of Roanoke to allow our organization to construct an addition to the existing building at the Westside ballfield behind the baseball backstop. The proposed expansion would address a pressing need of ours to have more storage space for the stow away of off season equipment. Due to the lack of room in the existing building, the Club is presently leasing space tbr storage. We are willing to work closely with the various City departments to insure tlmt the design and construction of the addition will be adequate for our needs, safe for the users and attractive for the neighborhood. Towards this project, the Club has budgeted 2t~Q~0._~}~0_. for the purchase of building materials, and we have obtained the commitment from a number of local contractors and volunteers willing to donate their time and labor. Mr. John W. Coates April 3, 1996 Page 2 We believe that the proposed addition will enhance the overall quality of our programs, vastly improve the use o1' the lhcility and benefit thousands of participants and sponsors in the Northwest area of the City. Your utmost consideration in granting permission to the Northwest Recreation Club to construct an addition to the existing building at the Westside hallfield will be greatly appreciated. Should you, any Council Member or the City Staff have any questions or require additional inlbrmation with regard to our request, please do not hesitate to call me at (540) 362-2228. Sincerely, Clay L. Dawson President CLD/ww Richard L. Kelley, Assistant Supt. for Operations Roanoke City Public Schools W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney William F. Clark, Director of Public Works Roanoke City Public Schools Office of Assistant Superintendent for Operations P.O. Box 13145 Roonoke, Virginia 24031 April II, 1996 Mr. John Coates, Manager Roanoke City Parks & Recreation 210 Reserve Avenue, S. W. Roanoke, VA 24016 Dear John: I have reviewed the proposal presented by the Northwest Recreation Club for the construction of an addition to the existing building at the Westside Elementary School ballfield. The Roanoke City Public Schools approve of the addition and commends the Northwest Recreation Club for its initiative in improving the field. The Northwest Recreation Club should coordinate the construction work with our Supervisor of Building Operations, Mr. James D. Tyree. Sincerely, Richard L Kelley Assistant Superintendent for Operations re cc: Mr. James D. Tyree (with enclosure) Excellence in Education MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 22, 1996 File #28--68-183-468 Thomas E. Snyder, Attorney Clark & Stant, P. C. One Columbus Center Virginia Beach, Virginia 23462 Dear Mr. Snyder: I am enclosing copy of Ordinance No. 32912-052096 authorizing acceptance of the dedication of a certain waterline easement across property located at or near Valley View Mall in the City of Roanoke, and owned by Sears, Roebuck and Co.; Valley View Associates Limited Partnership; Noro Valley View Associates, Ltd.; and Wal-Mart Stores, Inc., upon certain terms and conditions, as more particularly described in a report of the Water Resources Committee under date of May 6, 1996. Ordinance No. 32912-052096 was adopted by the Council of the City of Roanoke on first reading on Monday, May 6, 1996, also adopted by the Council on second reading on Monday, May 20, 1996, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1996. No. 32912-052096. AN ORDINANCE authorizing acceptance of certain waterline easement across property Valley View Mall in the City of Roanoke, the dedication of a located at or near and owned by Sears, Roebuck and Co.; Valley View Associates Limited Partnership; Noro Valley View Associates, Ltd.; and Wal-Mart Stores, Inc., upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, appropriate documentation providing for dedication of the waterline and waterline easement across property and located at or near Valley View Mall in the City of Roanoke and owned by Sears, Roebuck & Co.; Valley View Associates Limited Partnership; Noro Valley View Associates, Ltd.; and Wal-Mart Stores, Inc., as more particularly described in the report to this Council from the Water Resources Committee dated May 6, 1996. ATTEST: City Clerk. May 6, 1996 'Report No. 96-317 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Dedication to City of Roanoke of Water Line Easement crossing property of Sears, Roebuck & Co., Valley View Associates Limited Partnership, Noro-Valley View Associates, Ltd., and Wal-Mart Stores, Inc. The attached staff report was considered by the Water Resources Committee at its regular meeting on April 15, 1996. The Committee recommends that Council authorize the appropriate City officials to accept the donation of the water line and easement by Wal-Mart Stores, Inc., in a form acceptable to the City Attorney, in accordance with conditions stated in the attached report. Respectfully submitted, · beth T. Bowles, Chairperson Water Resources Committee ETB:KBK:afm Attachments cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations D. D. Daniels, Assistant to City Manager for Community Relations Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator Thomas E. Snyder, Esq. Report No. 96-317 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: April 15, 1996 Members, Water Resources Committee 'l~t u. Kise~, Direct~o~ ~Utilities and Operations thru W. Robert Herbq~tlanager Dedication to City of Roanoke of Water Line Easement crossing property of Sears, Roebuck & Co., Valley View Associates Limited Partnership, Noro-Valley View Associates, Ltd., and Wal-Mart Stores, Inc. Backqround in chronological order is as follows: Development of commercial property adjacent to Valley View Mall by Wal-Mart Stores, Inc., resulted in the private construction of a water line to serve the property. Construction of the water line is complete and the property owner now wishes to dedicate the water line and easement to the City of Roanoke. II. Current Situation is as follows: Wal-Mart Stores, Inc. has requested that the City accept the donation of the water line and easement serving their property. (See attached letter.) III. Issues in order of importance are: A. Need B. Cost to City Members, Water Resources Committee Wal-Mart Water Line and Easement April 15, 1996 Page 2 IV. Alternatives in order of feasibility are: Committee recommends that City Council authorizo the appropriate City officials to accept the donation of the water line and easement by Wal-Mart Stores, Inc., in a form acceptable to the City Attorney. Need to place water line and easement into public ownership is met. Cost to City is the cost of maintaining the water line and easement. Be Committee does not recommend that City Council authorize, the appropriate City officials to accept the donation of the water line and easement by Wal-Mart Stores, Inc., in a form acceptable to the City Attorney. 1. Need to place water line and easement into public ownership is not met. 2. Cost to City is zero. Committee's recommendation is that City Council authorize the appropriate City officials to accept the donation of the water line and easement by Wal- Mart Stores, Inc., in a form acceptable to the City Attorney in accordance with Alternative "A". WRH/KBK/SEF/ Attachments CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Budget Administrator Manager, Utility Lines Department Ms. Sarah Fitton Engineering Coordinator Engineering Department CITY OF ROANOKE 215 Church Avenue, SW Roanoke, VA 24011 CLAR. K ~ STANT, P. C. ATTOP. NEY5 AND COUNSELOR.5 AT LA'tX/ ONE COLU,VIBU$ CENTER. VIRGINIA BEACH, VIRGINIA 23482 March 19, 1996 RE: Public Dedication of Water Line Easement running across the Property of Sears, Roebuck & Co. ("Sears"), Valley View Associates Limited Partnership ("Valley View), Noro-Valley View Associates, Ltd. ("Noro") and Wal-Mart Stores, Inc. ("Wal-Mart") Dear Sarah: This letter will confirm our telephone conversations on March 15, 1996. As I advised you, I represent Wal-Mart Stores, Inc., which desires to grant to the City of Roanoke a utility water line easement and dedicate a private water line it has constructed to serve its property and store adjacent to Valley View Shopping Mall in Roanoke, Virginia. The granting of this easement and dedication of the water line were contemplated at the beginning of the development of this project, and the Department of Utilities was aware that this request would be made after the water line had been constructed and put into service. In order to implement this dedication, I am enclosing a proposed Deed of Easement and Assumption Agreement, as well as a copy of a plat dated January 26, 1996, prepared by Freeland- Clinkscales, which is an actual "as-built" survey of the easement areas and where the water lines are located. CLA~K ~ ST^NT, ~ C. March 19, 1996 Page 2 By copy of this letter to Naseem Anjam, Sears' legal counsel, and to Gibson Smith, legal counsel to Valley View and Noro, I am providing them with drafts of the these documents for their review and comment. I would appreciate the City's providing me with any questions or comments you may have with respect to this matter. I understand that it may be approximately two months before the City of Roanoke is actually able to execute this document. While we are waiting for the City to undertake its review process, I would request the other parties receiving this letter to provide me with any questions or comments they may have, as well, so that we can facilitate the granting of the easement to the City of Roanoke and the dedication of the water line. Should anyone receiving a copy of this letter have any questions or comments, please feel free to give me a call. With kind regards, I am Very truly yours, Thomas E. Snyder TES/la Enclosure cc: Naseem Anjam, Esquire (w/enc) Gibson L. Smith, Jr., Esquire (w/eric) Mr. Robert L. Waslov (w/enc) Mr. J. Michael Davis (w/enc) Mr. Stan Miller (w/enc) T. L. Plunkett, Jr., Esquire (w/eric) DEED OF EASEMENT AND DEDICATION AND ASSUMPTION AGREEMENT THIS DEED OF EASEMENT AND DEDICATION AND ASSUMPTION AGREEMENT ("Agreement"), made and entered into as of the day of , 1996, by and among SEARS, ROEBUCK ~ CO.,-----~' New York corporation ("Sears"); VALLEY VIEW ASSOCIATES LIMITED PARTNERSHIP (successor by name change to "Valley View Associates Ltd."), a North Carolina limited partnership ("Valley View"), whose sole general partner is Hersch Associates Limited Partnership (successor by name change to "Hersch Associates,,), a North Carolina limited partnership ("Hersch"), which has as its general partners Henry J. Faison and Howard M. Phillips, Jr., residents of Mecklenburg County, North Carolina; NORO VALLEY VIEW ASSOCIATES, LTD. (doing business in Virginia as "Noro-Valley View Associates Limited Partnership), a Georgia limited partnership ("Noro"), WAL-MART STORES, INC., a Delaware corporation ("Wal-Mart"); TEACHERS' INSURANCE ANDANNUITY ASSOCIATION OF ARERICA, a New York corporation ("Teachers"); AUGUST C. EPPS, JR., a resident of the City of Richmond, Virginia ("Trustee"); and the CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation ("City") (Sears, Valley View, Noro, Teachers and Trustee are to be indexed as "Grantor,, and City is to be indexed as "Grantee"). RECITALS: A. Pursuant to that certain Easement Agreement dated November 22, 1994, by and among Sears, Valley View and Wal-Mart, ("Easement Agreement"), which was recorded on March 21, 1995 in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia ("Clerk's Office") in Deed Book 1733, at page 1932, Wal-Mart was granted a perpetual 15-foot water utility line easement over certain property of Sears and Valley View, as described therein, as well as the right to construct, install, operate, maintain and reconstruct a water line utility facility thereon. B. Pursuant to that certain Supplemental Roadway and Easement Agreement dated as of November 22, 1994, by and among Valley View, Noro and Wal-Mart ("Supplemental Agreement"), which was recorded on March 21, 1995 in the Clerk's Office in Deed Book 1733, at page 1947, Noro ratified the Easement Agreement and subjected its fee simple title in the Valley View Property (defined in the Supplemental Agreement) to the terms and provisions of the Easement Agreement. C. Pursuant to that certain Subordination Agreement dated as of March 22, 1995, by and among Teachers, Trustee and Wal-Mart ("Subordination Agreement"), which was recorded on April 3, 1995 in the Clerk's Office in Deed Book 1734, at page 2027, Teachers and Trustee agreed to subordinate the lien of the Deed of Trust (defined in the Subordination Agreement) to the Easement Agreement and Supplemental Agreement. D. Pursuant to its rights under the Easement Agreement, the Supplemental Agreement and the Subordination Agreement, Wal-Mart constructed a water utility line in the easement area shown in the Easement Agreement, in accordance with the requirements of the Easement Agreement and the requirements of the City. As built, the water utility line crosses the property of Sears, Valley View, Noro and Wal-Mart in the areas labelled as "Public Water Easement" on the plat dated January 26, 1996 entitled "UTILITY EASEMENT FOR WAL-MART STORES, INC.," prepared by Freeland- Clinkscales & Associates, Inc., a copy of which is attached hereto as ~ (the "Dedication Plat"). The Dedication Plat has also been recorded in the Clerk's Office in Map Book , at page __.. [Dedication Plat must be reoorded and info~m&t--~noluded.] E. In accordance with the Easement Agreement, Wal-Mart has requested, and Sears, Valley View and Noro agreed to grant a perpetual water line easement to the City in the areas on their respective properties shown on the Dedication Plat and in accordance with the terms of this Agreement. F. Wal-Mart desires to grant a perpetual water line easement to the City in the areas on its property shown as "Public Water Easement" on the Dedication Plat, and to dedicate, grant and convey the water line therein to the City in accordance with the terms of this Agreement. G. City agrees to accept the perpetual water line easement and the dedication of the water line on the terms and conditions of this Agreement. NOW, THEREFORE, for and in consideration of the recitals, all of which are deemed to be a part of this Agreement, and the mutual promises, covenants and agreements hereinafter set forth, the parties hereto, for themselves, their successors and assigns, do hereby agree as follows: 1. Sears, Valley View, Noro and Wal-Mart grant to City, its successors and assigns, a perpetual water line utility easement, under and across those portions of the property of each respective Grantor, shown as "Public Water Easement" on the Dedication Plat (the "Easement Area"). This easement includes the right to construct, install, operate, maintain and reconstruct, at City's expense, a water line utility facility, including, but not limited to, pipes, conduits, valves, pumps or other fixtures which may be necessary or required by the City for construction, operation and maintenance of a water line in, under, upon and across the Easement Area. This grant is subject to the rights of Sears under the Easement Agreement and any other agreements, public utility easements and restrictive covenants, if any, of record, affecting the Easement Area. 2. Wal-Mart hereby dedicates, grants and conveys to the City all of its right, title and interest to the water utility line constructed within the Easement Area. City accepts such dedication and agrees to assume all responsibilities for the water utility line hereby dedicated to it, including all obligations for maintenance, replacement, repair and reconstruction of all pipes, conduits, valves, pumps and other components of the water utility line. In effecting its responsibilities with respect to the water utility line, the City agrees to repair the surface of the Easement Area to the same condition it was in prior to making such repair. 3. Teachers hereby subordinates the lien of the Deed of Trust to this Agreement, and Trustee joins in the execution of this Agreement, at the request of Teachers, for the sole purpose of evidencing his consent to the provisions hereof. 4. The Dedication Plat is attached to specifically describe the Easement Area and shall not be construed or interpreted as creating any other easements or rights other than the public water line easement in favor of the City. 5. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 6. This Agreement may be executed in counterparts by the execution of separate signature pages, and the execution of a separate signature page by a party to this Agreement shall constitute the execution of this Agreement by such party. This Agreement shall be deemed fully executed when all of the parties have executed their separate signature pages to this Agreement. 7. Any capitalized term which is not defined therein shall have the meaning provided for that capitalized term in the Easement Agreement, the Supplemental Agreement or the Subordination Agreement, as applicable. 3 WITNESS the following signature and seal: SEARS, ROEBUCK AND CO., a New York corporation By: Its: STATE OF COUNTY (OR CITY) OF I, , a Notary Public in and for the State and County (or City) aforesaid, do certify that , whose name, as of 8EARS, ROEBUCK AND CO., is signed to the writing above, bearing date on the day of 1996, has acknowledged the same before me in my County (or City) aforesaid. Given under my hand and official seal this , 1996. day of My term of office expires on [NOTARIAL SEAL] Notary Public WITNESS the following signature and seal: VALLEY VIEW ASSOCIATES LIMITED PARTNERSHIP, a North Carolina limited partnership By: HERSCH ASSOCIATES LIMITED PARTNERSHIP, a North Carolina limited partnership, Sole General Partner By: Henry J. Faison General Partner STATE OF COUNTY (OR CITY) OF , a Notary Public in and for the State and County (or City) aforesaid, do certify that Henry J. Faison, whose name, as General Partner of HERECH AESOCIATE8 LIMITED PARTNERSHIP, sole General Partner of VALLEY VIEN ASSOCIATES LIMITED PARTNERSHIp, is signed to the writing above, bearing date on the day of , 19964, has acknowledged the same before me in my County (or City) aforesaid. Given under my hand and official seal this day of , 1996. My term of office expires on [NOTARIAL SEAL] Notary Public 5 WITNESS the following signature and seal: VALLEY VIEW ASSOCIATES LIMITED PARTNERSHIP, a North Carolina limited partnership By: HERSCH ASSOCIATES LIMITED PARTNERSHIP, a North Carolina limited partnership, Sole General Partner By: Howard M. Phillips, Jr. General Partner STATE OF COUNTY (OR CITY) OF I, , a Notary Public in and for the State and County (or City) aforesaid, do certify that Howard M. Phillips, Jr., whose name, as General Partner of HERSCH ASSOCIATES LIMITED PARTNERSHIp, sole General Partner of VALLEY VIEW ASSOCIATES LIMITED PARTNERSHIP, is signed to the writing above, bearing date on the day of 1996, has acknowledged the same before me in my County (or City) aforesaid. Given under my hand and official seal this , 1996. day of My term of office expires on [NOTARIAL SEAL] Notary Public WITNESS the following signature and seal: NORO VALLEY VIEW ASSOCIATES, LTD. (doing business in Virginia as "Noro-valley View Associates Limited Partnership), a Georgia limited partnership By: Its: STATE OF COUNTY (OR CITY) OF I, , a Notary Public in and for the State and County (or City) aforesaid, do certify that , whose name, as of NORO VALLEY VIEN ASSOCIATES, LTD. (doing business in Virginia as "Noro-Valley View Associates Limited Partnership), a Georgia limited partnership, is signed to the writing above, bearing date on the day of 1996, has acknowledged the same before me in my County (or City~ aforesaid. Given under my hand and official seal this , 1996. day of My term of office expires on [NOTARIAL SEAL] Notary Public 7 WITNESS the following signature and seal: WAL-MART STORES, INC., a Delaware corporation By: Its: STATE OF COUNTY (OR CITY) OF I, , a Notary Public in and for the State and County (or City) aforesaid, do certify that , whose name, as of NAL-MART BTORES, INC., is signed to the writing above, bearing date on the day of 1996, has acknowledged the same before me in my County (or City) aforesaid. Given under my hand and official seal this , 1996. day of My term of office expires on [NOTARIAL SEAL] Notary Public WITNESS the following signature and seal: TEACHERS' INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, a New York corporation By: Its: STATE OF COUNTY (OR CITY) OF I, , a Notary Public in and for the State and County (or City) aforesaid, do certify that , whose name, as of TEACHERS' INSURANCE ~ i%NNUITY /%~BOCIATION OF /%MERICA, a New York corporation, is signed to the writing above, bearing date on the day of 1996, has acknowledged the same before me in my County (or City) aforesaid. Given under my hand and official seal this , 1996. day of My term of office expires on [NOTARIAL SEAL] Notary Public 9 WITNESS the following signature and seal: AUGUST C. EPPS, JR., Trustee STATE OF COUNTY (OR CITY) OF I, , a Notary Public in and for the State and County (or City) aforesaid, do certify that August C. ~pps, Jr., Trustee, a resident of the City of Richmond, Virginia, is signed to the writing above, bearing date on the day of , 1996, has acknowledged the same before me in my County (or City) aforesaid. Given under my hand and official seal this , 1996. day of My term of office expires on [NOTARIAL SEAL] Notary Public 10 WITNESS the following signature and seal: CITY OF ROANOKE, VIRGINIA, a Virginia municipal corporation By: Its: STATE OF COUNTY (OR CITY) OF in and for the State and County (or City) that of the CITY OF Virginia municipal corporation, is signed bearing date on the day of acknowledged the same before me in my County , a Notary Public aforesaid, do certify , whose name, as ROANOKE, VIRGINIA, a to the writing above, , 1996, has (or City) aforesaid. Given under my hand and official seal this , 1996. day of My term of office expires on [NOTARIAL SEAL] Notary Public 11 \ \ II MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 21:5 Church Avenue, S.W., Room 4:56 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2:541 Fax: (:540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 22, 1996 File #28-29-166-305-330-468 R. H. Payne Right of Way Agent Appalachian Power Company 40 Franklin Road, S. W. Roanoke, Virginia 24011 Dear Mr. Payne: I am enclosing copy of Ordinance No. 32913-052096 authorizing the dedication of a public utility easement to Appalachian Power Company across City-owned property at Coyner Springs for the purpose of upgrading existing overhead electric power lines and relocation of poles along Virginia Route 660, and vacation by Appalachian Power Company of unused portions of an existing public utility easement, as more particularly described in a report of the Water Resources Committee under date of May 6, 1996. Ordinance No. 32913-052096 was adopted by the Council of the City of Roanoke on first reading on Monday, May 6, 1996, also adopted by the Council on second reading on Monday, May 20, 1996, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. ~'IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1996. No. 32913-052096. AN ORDINANCE authorizing the dedication of a certain public utility easement to Appalachian Power Company, and the vacation by Appalachian Power Company of certain portions of an existing public utility easement across City-owned property located at Coyner Springs, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, appropriate documentation providing for the dedication of a public utility easement to Appalachian Power Company across City-owned property at Coyner Springs for the purpose of upgrading existing overhead electric power lines and the relocation of poles along Va. Route 660, and the vacation by Appalachian Power Company of unused portions of an existing public utility easement, all as more particularly described in the report to this Council from the Water Resources Committee dated May 6, 1996. ATTEST: City Clerk. May 6, 1996 Report No. 96~321 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Easement on City-owned Property at Coyner Springs for Appalachian Power Company The attached staff report was considered by the Water Resources Committee at its regular meeting on April 15, 1996. The Committee recommends that Council authorize the execution of the appropriate document granting a new easement across City-owned property to Appalachian Power Company, and abandoning unused portions of the existing easement, in accordance with conditions stated in the attached report. Respectfully submitted, liz~beth T. Bowles, Chairperson Water Resources Committee ETB:KBK:afm Attachments cc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations D. D. Daniels, Assistant to City Manager for Community Relations Charles M. Huffine, City Engineer R. F. Hyatt, Administrator, City Nursing Home Melvin G. Morton, Acting Superintendent, Juvenile Detention Home Annie Krochalis, Manager, Crisis Intervention Center Right of Way Agent, APCO Report No. 96-321 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: April 15, 1996 ers, Water Resources Committee r~lser, uire~t~l~,~-filities and Operations thru W. Robert Herbe~lty Manager EASEMENT ON CITY OWNED PROPERTY AT COYNER SPRINGS FOR APPALACHIAN POWER COMPANY Backqround in chronological order is as follows: Development of new subdivision off Va. Route 660 in the Coyner Springs area requires upgrading and relocation of Appalachian Power Company (APCO) facilities. Bo Existinq facilities scheduled to be replaced are located on City-owned property. The proposed relocation of these facilities would be closer to Va. Route 660, but still on City-owned property. II. Current situation is as follows: A. Replacement of existin.q facilities needs to be done in order to continue to provide reliable service in the area. B. An easement across City-owned property has been requested by APCO for the facilities that need to be relocated. Ill. Issues in order of importance are: A. Need B. Timing April 15, 1996 EASEMENT ON CITY OWNED PROPERTY AT COYNER SPRINGS FOR APPALACHIAN POWER COMPANY Page 2 IV. Alternatives in order of feasibility are: Committee recommends that City Council authorize the execution of the appropriate document, in a form approved by the City Attorney, granting a new easement to APCO across City-owned property, and abandoning unused portions of the existing easement. Said easement shall be for the purpose of upgrading the existing overhead electric power lines and relocating poles along Va. Route 660, with any future removal, relocation, or adjustment at the sole expense of the grantee. 1. Need for easement to allow replacement of electric power lines is met. 2. Timing to allow replacement as soon as possible is met. Committee does not recommend that City Council authorize the execution of the appropriate document, in a form approved by the City Attorney, granting a new easement to APCO across City-owned property, and abandoning unused portions of the existing easement. Said easement shall be for the purpose of upgrading the existing overhead electric power lines and relocating poles along Va. Route 660, with any future removal, relocation, or adjustment at the sole expense of the grantee. Need for easement to allow replacement of electric power lines is not met. 2. Timing to allow replacement as soon as possible is not met. April 15, 1996 EASEMENT ON CITY OWNED PROPERTY AT COYNER SPRINGS FOR APPALACHIAN POWER COMPANY Page 3 V= Committee's recommendation is that City Council authorize execution of the appropriate document granting a new easement across City-owned property to Appalachian Power Company, and abandoning unused portions of the existing easement in accordance with Alternative "A". WRH/KBK/SEF/ Attachment cc: City Attorney Director of Public Works Director of Utilities and Operations Director of Human Development Assistant to City Manager for Community Relations City Engineer Manager, City Nursing Home Manager, Juvenile Detention Home Manager, Crisis Intervention Center Right of Way Agent, APCO, P. O. Box 2021, Roanoke, VA 24022 / t / / ( / MARY E PARKER, CMC/AAE CiO Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 22, 1996 File ~67-166-373-448..468 Larry A. Dyer General Manager Blue Ridge Public Television P. O. Box 13246 Roanoke, Virginia 24032 Dear Mr. Dyer: I am enclosing copy of Ordinance No. 32914-052096 authorizing and providing for the lease by the City of five acres of City-owned property in Fishburn Park, for a term of five years, at the rate of $1.00 per year, upon certain terms and conditions, as more particularly set forth in a report of the Water Resources Committee under date of May 6, 1996. Ordinance No. 32914-052096 was adopted by the Council of the City of Roanoke on first reading on Monday, May 6, 1996, also adopted by the Council on second reading on Monday, May 20, 1996, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. iN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1996. No. 32914-052096. AN ORDINANCE authorizing and providing for the lease by the City of five acres of City-owned property in Fishburn Park (the "Property") to Blue Ridge Public Television, subject to certain terms and conditions. WHEREAS, Blue Ridge Public Television contribution from the City of $6,000.00 per month, rental value of the Property. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that, provided the consent of the Flshburn heirs can be obtained, the City Manager and City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, a new lease with Blue Ridge Public Television, leasing to said organization five acres of City-owned property in Flshburn Park, for a term of five years, at the rate of $1.00 per year, upon certain terms and conditions, as more particularly set out in the report of the Water Resources Committee dated May 6, 1996. ATTEST: City Clerk. acknowledges a the fair market May 6, 1996 Report No. 96-322 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Lease Agreement with Blue Ridge Public Television The attached staff report was considered by the Water Resources Committee at its regular meeting on April 15, 1996. The Committee recommends that Council authorize the execution of a new lease with Blue Ridge Public Television for approximately five acres of City-owned property in Fishburn Park, in a form acceptable to the City Attorney, provided consent of Fishburn heirs can be obtained, in accordance with conditions stated in the attached report. Term of lease would be for five years, at the rate of $1.00 per year. Blue Ridge Public Television has agreed to acknowledge the fair market rental value of the property ($6,000.00 per month) as a contribution. ETB:KBK:afm Attachments cc: Respectfully submitted, · eth T. Bowles, Chairperson Water Resources Committee W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations D. D. Daniels, Assistant to City Manager for Community Relations Charles M. Huffine, City Engineer Diane S. Akers, Budget Administrator Patrick Leach, Lease Administrator, Billings & Collections Larry A. Dyer, General Manager, Blue Ridge Public Television Report No. 96-322 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: April 15, 1996 ~em. bers, ,yVater Resources Committee · ser, Dir)e(~or½ ~lt~it~es and Operations thru W. Robert Herb(~y Manager Lease Agreement with Blue Ridge Public Television Backqround in chronological order is as follows: Lease with Blue Ridqe E.T.V. Association for approximately five (5) acres of City-owned property located adjacent to Virginia Western Community College in Fishburn Park was authorized by Ord. 17107 in 1966. Blue Ridge E.T.V. Association has operated a broadcasting studio at this location since that time· Lease is for property donated to the City for park purposes by the Fishburns. Therefore, consent of Fishburns to lease this property was required. C. Lease was extended for an additional ten year period by Ord. No. 27985 in 1986. Blue Rid.qe E.T.V. Association is now known as Blue Ridge Public Television. Members, Water Resources Committee Lease Agreement with Blue Ridge Public Television April 15, 1996 Page 2 il. Current Situation is as follows: A. Current lease will expire April 14, 1996. B. Blue Rid.qe Public Television has requested a new leas. providing for the same terms and conditions as the current lease. Ill. Issues in order of importance are: A. Need B. Income to City C. Liabilit I~rance IV. Alternatives in order of feasibility are: Committee recommends that City Council authorize execution of a new lease with Blue Ridge Public Television for approximately five acres of City-owned property in Fishburn Park, in a form acceptable to the City Attorney, provided consent of Fishburn heirs can be obtained. Term of lease would be for five years, at the rate of $1.00 per year. Blue Ridge Public Television has agreed to acknowledge the fair market rental value of the property ($6,000.00 per month) as a contribution. Need by petitioner for space to continue operation of a public television broadcasting studio is met. Income to City is $1.00 per year, plus the benefit of the $6,000.00 per month contribution. Liabili~ to be provided by Blue Ridge Public Television in amount and form acceptable to the Risk Management Officer. Members, Water Resources Committee Lease Agreement with Blue Ridge Public Television April 15, 1996 Page 3 Committee does not recommend that City Council authorize execution of a new lease with Blue Ridge Public Television for approximately five acres of City-owned property in Fishburn Park, in a form acceptable to the City Attorney, provided consent of Fishburn heirs can be obtained. Term of lease would be for five years, at the rate of 91.00 per year. Blue Ridge Public Television has agreed to acknowledge the fair market rental value of the property (96,000.00 per month) as a contribution. 1. Need by petitioner for space to continue operation of a public television broadcasting studio is not met. = Income to City would be the value of the building which was constructed by Lessee on City property, should the City choose not to have the building removed, at Lessee's expense. 3. Liability Insurance would not be an issue. Committee recommends that City Council authorize execution of a new lease with Blue Ridge Public Television for approximately five acres of City-owned property in Fishburn Park, in a form acceptable to the City Attorney, provided consent of Fishburn heirs can be obtained. Term of lease would be for five years, at the rate of 91.00 per year. Blue Ridge Public Television has agreed to acknowledge the fair market rental value of the property (96,000.00 per month) as a contribution. WRH/KBK/SEF/ CC: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Budget Administrator Lease Administrator, Billings & Collections IN THECOUNCILOFTHECITY OF KOANOKE, VIKGINIA The 20th day of May, 1996. No. 32952-052096. A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, June 3, 1996. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The meeting of City Council regularly scheduled to be held at 12:30 p.m. on Monday, June 3, 1996, is hereby rescheduled to be held at 12:00 noon, Monday, June 3, 1996, at the Vinton War Memorial, 814 East Washington Avenue, Vinton, Virginia, with the 2:00 p.m. session on the same date to be held in the City Council Chambers, 215 Church Avenue, S.W., in the City of Roanoke. 2. The City Clerk is hereby authorized to take whatever steps are deemed necessary to notify the public of the change in the time and place of such meeting. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 R~)anoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 May 22, 1996 File #15-110-304 SANDRA H. EAKIN Deputy City Clerk Mr. Sherman A. Holland 3801 Red Fox Drive, N. W. Roanoke, Virginia 24017 Dear Mr. Holland: At a regular meeting of the Council of the City of Roanoke held on Monday, May 20, 1996, you were reelected as a member of the Youth Services Citizen Board for a term ending May 31, 1999. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Youth Services Citizen Board. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mr. Sherman A. Holland May 22, 1996 Page 2 pc; Thomas H. Miller, Chairperson, Youth Services Citizen Board, 3429 Windsor Road, S. W., Roanoke, Virginia 24018 Marion Vaughn-Howard, Youth Planner Sandra H. Eakin, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twentieth day of May, 1996, SHERMAN A. HOLLAND was reelected as a member of the Youth Services Citizen Board for a term ending May 31, 1999. Given under my hand and the Seal of the City of Roanoke this twenty-second day of May, 1996. City Clerk MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 !-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 May 22, 1996 File #15-110-304 SANDRA H. EAKIN Deputy City Clerk Mr. J. Stephen Shepard 418 Fugate Road, N. E. Roanoke, Virginia 24012 Dear Mr. Shepard: At a regular meeting of the Council of the City of Roanoke held on Monday, May 20, 1996, you were reelected as a member of the Youth Services Citizen Board for a term ending May 31, 1999. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Youth Services Citizen Board. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mr. J. Stephen Shepard May 22, 1996 Page 2 pc: Thomas H. Miller, Chairperson, Youth Services Citizen Board, 3429 Windsor Road, S. W., Roanoke, Virginia 24018 Marion Vaughn-Howard, Youth Planner Sandra H. Eakin, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twentieth day of May, 1996, J. STEPHEN SHEPARD was reelected as a member of the Youth Services Citizen Board for a term ending May 31, 1999. Given under my hand and the Seal of the City of Roanoke this twenty-second day of May, 1996. City Clerk MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W,, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 May 22, 1996 File #15-110-304 SANDRA H. EAKIN Deputy City Clerk Mr. Thomas R. Miller 3429 Windsor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Miller: At a regular meeting of the Council of the City of Roanoke held on Monday, May 20, 1996, you were reelected as a member of the Youth Services Citizen Board for a term ending May 31, 1999. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information ACt. On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Youth Services Citizen Board. Sincerely, 9. Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mr. Thomas H. Miller May 22, 1996 Page 2 pc: Marion Vaughn-Howard, Youth Planner Sandra H. Eakin, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twentieth day of May, 1996, THOMAS H. MILLER was reelected as a member of the Youth Services Citizen Board for a term ending May 31, 1999. Given under my hand and the Seal of the City of Roanoke this twenty-second day of May, 1996. City Clerk MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 lax: (540) 224-3145 May 22, 1996 File #15-110-$04 SANDRA H. EAKIN Deputy City Clerk Ms. Carolyn Word 4102 Virginia Avenue, N. W., Apartment 20 Roanoke, Virginia 24017 Dear Ms. Word: At a regular meeting of the Council of the City of Roanoke held on Monday, May 20, 1996, you were reelected as a member of the Youth Services Citizen Board for a term ending May 31, 1999. Enclosed you will find a Certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve as a member of the Youth Services Citizen Board. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Ms. Carolyn Word May 22, 1996 Page 2 pc~ Thomas H. Miller, Chairperson, Youth Services Citizen Board, 3429 Windsor Road, S. W., Roanoke, Virginia 24018 Marion Vaughn-Howard, Youth Planner Sandra H. Eakin, Deputy City Clerk COMMONWEALTH Of VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twentieth day of May, 1996, CAROLYN WORD was reelected as a member of the Youth Services Citizen Board for a term ending May 31, 1999. Given under my hand and the Seal of the City of Roanoke this twenty-second day of May, 1996. City Clerk MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 22, 1996 File #51 David C. Helscher, Attorney Jolly, Place, Fralin and Prillaman P. O. Box 20487 Roanoke, Virginia 24018-0049 Dear Mr. Helscher: At a regular meeting of the Council of the City of Roanoke held on Monday, May 20, 1996, a public hearing was held on the request of Douglas E. Caton that a portion of a certain tract of land located at Official Tax Nos. 7090506 and 7090501, fronting Orange Avenue and King Street, N. E., be rezoned from C-2, General Commercial District and RS-3, Residential Single-family District, to RM-2, Residential Multifamily, Medium Density District, subject to certain conditions proffered by the petitioner. Following discussion of the matter, the request for rezoning was denied. Sincerely, Mary F. Parker, CMC/AAE'~ City Clerk MFP:sm Enc. David C. Helscher, Attorney Jolly, Place, Fralin and Prillaman May 22, 1996 Page 2 pc~ Mr. and Mrs. I. D. Patel, 3315 Orange Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Stephen E. Cook and Mr. and Mrs. Jerry B. Shaver, 3144 Quail Lane, Troutville, Virginia 24179 Litton Systems, Inc., 700 E. Franklin, Suite 1401, Richmond, Virginia 23219 Mr. and Mrs. Alfred A. Taylor, 3402 King Street, N E., Roanoke, Virginia 24012 Mr. and Mrs. Thomas C. Mann, 3334 King Street, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Craig A. Wright, 913 Brattonlawn Drive, N. E., Roanoke, Virginia 24012 Hickory Woods Apartments, LLC, 3001 Hickory Woods Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Robert L. Beard, 3202 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Raymond O. Adams, 3210 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Clarence E. Spradlin, 3218 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Eddie M. Garlick, 3226 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Alfred A. Taylor, 3404 King Street, N E., Roanoke, Virginia 24012 Ms. Louise C. Johnson, 3234 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Dewey A. Creasy, 3242 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Patrick D. Rhodes, 3258 Richard Avenue, N. E., Roanoke, Virginia 24012 Fralin & Waldron, Inc., P. O. Box 20069, Roanoke, Virginia 24018 Mr. and Mrs. Hyle Perdue, 3104 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Alfred Taylor, 3112 Richard Avenue, N E., Roanoke, Virginia 24012 Ms. Audrey M. Ferguson, 3120 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Leon Fields, 3128 Richard Avenue, N. E., Roanoke, Virginia 24012 Ms. Judy G. Gordon, 3136 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Richard Wickham, 3144 Richard Avenue, N. E., Roanoke, Virginia 24012 Ms. Sharron H. Honaker, 3332 Springtree Drive, N. E., Roanoke, Virginia 24012 Mr. Hanley R. Mayes, Route 2, Box 202-J, Buchanan, Virginia 24066 Mr. and Mrs. Chapman Brown, 3168 Richard Avenue, N. E., Roanoke, Virginia 24012 Ms. Shirley St. Clair, 731 Mason Road, Vinton, Virginia 24179 Mr. and Mrs. Clyde H. Elswick, 5341 Pinetree Lane, S. W., Roanoke, Virginia 24019 F & D Land Co., P. O. Box 8636, Roanoke, Virginia 24014 David C. Helscher, Attorney Jolly, Place, Fralin and Prillaman May 22, 1996 Page 3 pc: Mr. Joe C. Thomas, c/o Accent Construction Co., Inc., 494 Glenmore Drive, Salem, Virginia 24153 Mr. David R. White, 1513 Seibel Drive, N. E., Roanoke, Virginia 24012 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Kathy L. Brickey, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk June 10,1996 File #51 David C. Helscher, Attorney Jolly, Place, Fralin and Prillaman P. O. Box 20487 Roanoke, Virginia 24018-0049 Dear Mr. Helscher: At a regular meeting of the Council of the City of Roanoke held on Monday, June 3, 1996, Council vbted to reconsider the request of Douglas E. Caton that a portion of a certain tract of land located at Official Tax Nos. 7090506 and 7090501, fronting Orange Avenue and King Street, N. E., be rezoned from C-2, General Commercial District and RS-3, Residential Single-family District, to RM-2, Residential Multifamily, Medium Density District, subject to certain conditions proffered by the petitioner. On motion, duly seconded and adopted, Council directed the City Clerk to advertise a public headng for Monday, July 15, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm David C. Helscher, Afforney Jolly, Place, Fralin and Prillaman June 10,1996 Page 2 pc: Mr. and Mrs. I. D. Patel, 3315 Orange Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Stephen E. Cook and Mr. and Mrs. Jerry B. Shaver, 3144 Quail Lane, Troutville, Virginia 24179 Litton Systems, Inc., 700 E. Franklin, Suite 1401, Richmond, Virginia 23219 Mr. and Mrs. Alfred A. Taylor, 3402 King Street, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Thomas C. Mann, 3334 King Street, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Craig A. Wright, 913 Brettonlawn Drive, N. E., Roanoke, Virginia 24012 Hickory Woods Apartments, LLC, 3001 Hickory Woods Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Robert L. Beard, 3202 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Raymond O. Adams, 3210 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Clarence E. Spradlin, 3218 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Eddie M. Garlick, 3226 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Alfred A. Taylor, 3404 King Street, N. E., Roanoke, Virginia 24012 Ms. Louise C. Johnson, 3234 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Dewey A. Creasy, 3242 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Patrick D. Rhodes, 3258 Richard Avenue, N. E., Roanoke, Virginia 24012 Fralin & Waldron, Inc., P. O. Box 20069, Roanoke, Virginia 24018 Mr. and Mrs. Hyle Perdue, 3104 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Alfred Taylor, 3112 Richard Avenue, N. E., Roanoke, Virginia 24012 Ms. Audrey M. Ferguson, 3120 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Leon Fields, 3128 Richard Avenue, N. E., Roanoke, Virginia 24012 Ms. Judy G. Gordon, 3136 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Richard Wickham, 3144 Richard Avenue, N. E., Roanoke, Virginia 24012 Ms. Sharron H. Honaker, 3332 Springtree Drive, N. E., Roanoke, Virginia 24012 Mr. Hanley R. Mayes, Route 2, Box 202-J, Buchanan, Virginia 24066 Mr. and Mrs. Chapman Brown, 3168 Richard Avenue, N. E., Roanoke, Virginia 24012 Ms. Shirley St. Clair, 731 Mason Road, Vinton, Virginia 24179 Mr. and Mrs. Clyde H. Elswick, 5341 Pinetree Lane, S. W., Roanoke, Virginia 24019 David C. Helscher, Attorney Jolly, Place, Fralin and Prillaman June 10, 1996 Page 3 pc: F & D Land Co., P. O. Box 8636, Roanoke, Virginia 24014 Mr. Joe C. Thomas, c/o Accent Construction Co., Inc., 494 Glenmore Drive, Salem, Virginia 24153 Mr. David R. White, 1513 Seibel Drive, N. E., Roanoke, Virginia 24012 W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Kathy L. Brickey, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Roanoke City Planning Commission May 20, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Douglas E. Catork represented by David C. Helscher, attorney, that a portion of Official Tax No. 7090506, said parcel located on U.S. Route 460 East (Orange Avenue, NE) and zoned C-2, General Commercial District, and a portion of Official Tax No. 7090501, located on King Street, N.E. and zoned RS-3, Residential Single Family, be rezoned to RM-2, Residential Multifamily, Medium Density District, such rezoning to be subject to certain conditions proffered by petitioner. Purpose of the rezoning request is to permit the construction of a 248 unit multi- family garden style apartment community on a 17.56 acre tract identified as a portion of Official Tax No. 7090506 The subject area is adjacent to Phase I and II of the existing Hickory Woods Apartments. Previous conditional rezonin_~ involving a 9.697 acre tract and a 5.204 acre tract, both identified as a portion of O~cial Tax No. 7090501 were approved by City Council on January 11, 1985 and June 19, 1989, respectively. C. ~ was filed on February 8, 1996. Neir, hborhood or~,anizatigtl Wildwood Civic League, has been notified of the request by the Planning Department and representatives of the petitioner. As of the writing of this report, staff has received one call from an adjoining property owner .(Ms. Linda Mann, 3334 King Street) who expressed concerns regarding potential for increased traffic on King Street and the proximity of several proposed multifamily apartment structure in relation to her single family residence. The petitioner held a neighborhood information meeting on February 29, 1996. Approximately 14 residents attended the meeting The following concerns were expressed by the residents: (1) increased traffic on King Street; (2) proximity of several proposed multifamily structures to a residential structure facing King Street; (3) storm water management; and (4) buffering Room~62 MunicipalBuilding 215Ch~' ' .:.. ,.? 5,'¢ Roanoke, Virginia2401'f (703)981-2344 Members of Council Page 2 Plannimt Commission review and anoroval of the final comprehensive development plan is required should the subject rezoning be approved. F. First Amended Petition to Rezone was filed on April 24, 1996. Planning Commi.~qlon oublic hearing was held on May 1, 1996. Mr. David Helscher, attorney, summarized the request. Mr. Helscher stated that the petitioners had earlier requested that the Planning Commission postpone action on the request in order for the petitioner to fully respond to neighborhood concerns. Mr. Helscher reviewed the list of proffers that had been submitted to address these concerns. Mr. Helscher noted that a traffic analysis had been prepared by Wilbur Smith Associates, which indicates that King Street will continue to have an acceptable level of service. He also noted that the petitioners have asked the City Traffic Engineer to investigate measures that the City could take to make King Street safer. Mr. Helscher also indicated that concerns regarding storm water management were being addressed by the existing storm water detention basin which had been sized to accommodate development on the entire site and by the fact that the petitioners were proffering that they would prepare a master storm drainage plan for the entire site. Finally, Mr. .Helscher noted that they had met recently with Mrs. Linda Mann (3334 King Street) ~n an effort to address her concerns regarding the proximity of a proposed garden apartment structure next to her single family residence. Mr. Heischer indicated that the proffers restricting the height of the subject structure to two (2) stories, the construction of the eight (8) foot high wooden stockade fence along the boundary line with Mrs. Mann, and the proposed 20' landscaped berm would help address Mrs. Mann's concerns. Mr. John Marlles, Chief of Planning and Community Development, presented the staffreport. Mr. Martles stated he would not repeat the information presented by Mr. Helscher. Mr. Marlles noted that when the petitioners first approached the Planning office, it was their desire to "fast track" the project. Mr. Marlles commended the petitioner's for asking for a postponement following the February 29, 1996, neighborhood meeting in order to address the concerns raised by the residents. Mr. Marlles stated that he felt that the petitioner had been responsive in addressing the concerns of staff and the residents. Mrs. Linda Mann (3334 King Street) appeared before the Commission and thanked Mr. Cameal, petitioner, for keeping her informed. She said that her main concerns dealt with an apartment building being located next to her home and the fact that she would not be able to sell her home for $100,000. She said that the adjacent apartment building would almost make her property unsellable. Mrs. Mann also stated she was concerned about the traffic situation. She noted that within a three year period, 43 traffic accidents had been reported within a half-mile of the site She Members of Council Page 3 said that the traffic situation was not acceptable. She noted that she had been told by the City Traffic Engineer that a new paving scheme and signage would be installed which should help reduce the accidents. She said that she has also been told by the City Traffic Engineer that most of the accidents were caused by driver error not by the roadway itself.. Mrs. Mann said that it was up to the City to answer her concerns and that she understood that the petitioner was not responsible for the decrease in her property value or the traffic situation. Mrs. Mann stated that the Commission was here to protect her and if the rezoning were allowed then the Commission was not doing their job. Mrs. Carolyn Coles, Chairman of the Commission, thanked Mrs. Mann for her comments and stated that whenever any development took place there would always be concerns, however, the petitioner had done everything they had been asked to do to make the proposed use blend into the existing surroundings. She stated that the Commission had to look at the best use of the land. Mr. Bob Bengtson, City Traffic Engineer, also appeared before the Commission and stated he wanted to elaborate on the accident record. He noted that from Springtree Drive to Berkley Road there had been 43 accidents reported in the last 3 years. He said that approximately half of those accidents occurred at the intersection of King and Berkley. He said that plans had been engineered to improve the intersection, which he believed would go a long way to eliminate a number of the accidents. He said that a majority of the accidents in the curve were caused by excessive speed during rainy weather. He said that he believed the resurfacing of the asphalt would provide more skid resistance. Mrs. Virginia Rhodes (3258 Richards Avenue, N.E.) appeared before the Commission and stated that King Street was obsolete. She also said that she was concerned about her neighbors (Mrs. Mann and Mrs. Wright) whose residences adjoined the apartment buildings. She said that she objected to the location of the apartment buildings nex~ to the residences, but did not object to the entire project. In response to questions from Commission members regarding the suitability of the site for single family development, Mr. Marlles noted that the only interest that the Planning office had received from developers were inquiries regarding the possibility of rezoning the area to commercial or industrial. Mr. Marlles noted that it was his opinion that the area was suitable for the proposed use based on the existing zoning pattern and land uses in the area. Mr. Marlles also reminded the Commission members and the public that the petitioner's would be required to come back to the Commission with a detailed comprehensive development plan. Second Amended Petition tO Rezone was filed on May 2, 1996. The following conditions were proffered: Members of Council Page 4 There will be 17 garden style apartment buildings built in substantial conformity with those shown on the architectural sketches attached as Exhibit C. The buildings will be two and one-half stories (with the exception of Building Q more particularly described in Paragraph 4.), and will utilize brick and vinyl siding of the exterior. The proffered site plan (Exhibit B) shows a mix of 12 and 20 unit buildings for a maximum density of 248 units. Amenities for the apartment community include a play area, a swimming pool, and a club house with an indoor activity area. Petitioner will establish a 20 foot wide landscape buffer which shall be planted along those portions of the subject property which adjoin property zoned RS-3. In an effort to address concerns raised by owners of adjoining Tax Parcel 7090404 and 7090317, Petitioner will: (a) erect an 8 foot high wooden stockade fence along the common boundary with Tax Pamel 7090404 as shown on site plan; (b) utilizing the existing landscape berm located along said division line, Petitioner will plant and maintain 10 foot high evergreen plantings, including a mix of leyland cypress and norway spruce to assist in visually screening the project from said tax parcels; (c) limit the height of building Q to a two-story, 8 unit building. All exterior lighting will be designed and installed so that it is directed away from the single family residences located to the south of the project. If this rezoning request is granted, Petitioner agrees that it will submits its comprehensive site plan for review and approval by the Planning Commission. Petitioner agrees to provide a master storm water management plan as a part of the comprehensive development plan review for the project, which exceeds the storm water management regulations as set forth by City requirements. Petitioner agrees to provide a professionally prepared landscape plan as part of the comprehensive development plan review for the subject property. III. Issues: Zoning is currently C-2, General Commercial District, and RS-3, Residential Single Family District. Zoning to the north along U.S. Route 460 is C-2, General Commercial District and LM, Light Manufacturing District; zoning to the west is RM-2, Residential Multifamily District; zoning to the south is RS-3, Residential Members of Council Page 5 Single Family District; zoning to the west across King Street is RM-2; Residential Multifamily Family, Medium Density District. Land u.~ is currently a vacant, undeveloped tract. Land use to the north along U.S. Route 460 is highway commercial; land use to the east is the existing Hickory Woods Apartments; land use to the south is a single family residential neighborhood fronting on Richards Avenue. Spring Tree subdivision is located to the west across King Street. ~ will be provided by the existing entrance on U.S. Route 460 and a proposed new entrance on King Street. King Street is currently signalized at its intersection with U.S. Route 460. King Street is recommended for improvement in the Roanoke Valley Area Long Range Transportation Plan 1995-2015. The City of Roanoke has already requested that the Virginia Department of Transportation program a roadway improvement project to King Street, N.E., between Orange Avenue, N.E and Mecca Street, N.E (see attached correspondence). A traffic analysis by prepared by Wilbur Smith Associates (attached) indicates that the proposed development will generate 1,688 vehicle trips per day. The study concludes that the portion of King Street near the location of the proposed entrance would remain at level service "C" which is an acceptable level of service impact. The City's Traffic Engineer has reviewed the report and concurs with the reports conclusion. The City's Traffic Engineer also indicated that he is investigating measures to improve safety on the road, including new signage and a more skid- resistant surface paving. Utilitie~ are available and will be addressed as part of the comprehensive development plan review process. The storm water management facilities currently in place on the subject property were designed and constructed to take into account the proposed development. l~TllighlZO. L~Z~ is visually and physically separated by topography. Petitioner is also proffering an extension of the existing 20' buffer along the southerly property line. Representatives of the petitioner have recently met with Ms. Linda Mann (3334 King Street) to discuss her concerns relative to traffic and the proximity of a proposed multifamily structure in relation to her single family residence. The petitioner has filed an amended an amended petition proffering that the subject multifamily structure will be limited to two stories in height, additional landscaping will be provided along the subject property line and a wooden stockade fence will be added to supplement the proposed landscaped berm. F. ~ recommends: 1. Protecting neighborhood character. Members of Council Page 6 2. Encouraging a variety of housing types in existing neighborhoods. Providing development that is sensitive to the existing neighborhood character. IV. Alternativ~: A. ~ the rezoning request. Zoning becomes RM-2, Residential Multifamily, Medium Density District. Rezoning is a logical extension of the existing RM-2 zone. 2. ~ becomes multifamily garden apartments. ~ has been addressed. City Traffic Engineer concurs with the petitioner's traffic analysis which indicates that the level of service of King Street near the entranceway of the proposed development will continue to perform at level of service "C" which is an acceptable level of service. Utilities are available and have adequate capacity. The existing storm water detention basin was originally sized to accommodate the eventual "build out" of the entire site. ~ is visually and physically separated by topography. Petitioner is proffering an extension of the existing 20' buffer along the southerly property line. Petitioner has filed an amended petition which includes specific proffers intended to further buffer the adjacent single family structure owned by Ms. Linda Mann (3334 King Street). 6. ~ could be followed. B. ~ the requested rezoning. 1. Zoning remains C-2 and RS-3. Land us~ would be limited to the general commercial and single family residential uses. 3. ~ remain unchanged. 4. Utilities are unaffected 5. Comprehensive Dian could be followed at a later date. Members of Council Page 7 By a vote of 7-0, the Planning Commission recommended approval of the requested rezoning. The Commission felt that the requested rezoning was a logical extension of the existing RM-2 zoning and was sensitive to the existing neighborhood character. Finally, the Commission felt that the proposed rezoning was consistent with the City's comprehensive plan. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney City Engineer Building Commissioner Attorney for the Petitioner NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, May 20, 1996, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from C-2, General Commercial District, to RM-2, Residential Multifamily District, and RS-3, Residential Single Family District, to RM-2, Residential Multifamily District, the following property: That portion of a certain tract of land located at Official Tax Nos. 7090506 and 7090501 fronting Orange Avenue, N.E., and King Street, N.E., subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 1st day of May , 1996. Mary F. Parker, City Clerk. Publish in the Roanoke Times once on Friday, May 3, on Friday, May 10, 1996. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 1996, and once Send bill to: David C. Helscher, Attorney Jolly, Place, Fralin & Prillaman, 3912 Electric Road, S. W. P. O. Box 20487 Roanoke, Virginia 24018-0049 Publish in the Roanoke Tribune once on Thursday, Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 May 9, 1996. Send bill to: David C. Helscher, Attorney Jolly, Place, Fralin & Prillaman, 3912 Electric Road, S. Wo P. O. Box 20487 Roanoke, Virginia 24018-0049 MARY E PARKER, CMC/AAE Civ/Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk February 8, 1996 File #51 Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from David C. Helscher, Attorney, representing Douglas E. Caton requesting that 17.564 acres of land fronting on Orange Avenue (U.S. Route 460 East) and King Street, N. E., described as a portion of Official Tax Nos. 7090506 and 7090501, be rezoned as follows: 2.260 acres from C-2, General Commercial District, to RM-2, Residential Multi-family District, Medium Density District; and 15.304 acres from RS-3, Residential Single-Family District, to RM-2, Residential Multi-family District, Medium Density District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm r/hickory Enc. Carolyn H. Coles, Chairperson City Planning Commission February 8, 1996 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council David C. Helscher, Attorney, Jolly, Place, Fralin and Prillaman, P. O. Box 20487, Roanoke, Virginia 24018-0049 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner ~ Steven J. Talevi, Assistant City Attorney VIRGINIA: PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE IN RE: Rezoning of a portion of Tax Map Numbers 7090506 and 7090501 lying in the City of Roanoke, Virginia, fronting on both Orange Avenue (U.S. Route 460 East) and King Street, N.E., a portion of Tax Map Number 7090506, which is currently zoned C-2 to RM-2 and the majority of Tax Map Number 7090501, which is currently zoned RS-3 to RM-2, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE. The Petitioner, has contracted to purchase land in the City of Roanoke containing 28.727 acres, more or less, fronting on both Orange Avenue (U.S. Route 460 East) and King Street, N.E., Roanoke, Virginia, Tax Map Numbers 7090506 and 7090501 (hereinafter the "Property"). A portion of said tract is currently zoned C-2 and the majority is zoned RS-3. A map of the Property to be rezoned is attached as EXHIBIT A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that 17.564 acres of said property be rezoned as follows: 2.260 acres from C-2 General Commercial District to RM-2 Residential Multi-Family (1.022 acres fronting on Orange Avenue to remain C-2); and 15.304 acres from Residential Single-Family District to RM-2 Residential Multi-Family (10.141 acres lying south to remain RS-3), subject to certain conditions set forth below, for the purpose of constructing a multi-family garden style apartment community (see EXHIBIT B concept plan attached hereto). The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will be consistent with the zoning classifications for properties which adjoin it and in furtherance of the City's comprehensive plan. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. The Property will be developed in substantial conformity with the existing Hickory Woods, Phases I and II on Official Tax Numbers 7090521 and 7090522 which adjoin the property to the west. The buildings will contain a mix of one, two and three bedroom apartments and will utilize brick and vinyl siding, and be similar in appearance to the existing Hickory Woods Community. The property will be landscaped more densely than the Phases I and II with a mix of ornamental trees and shrubs. Amenities proposed for the apartment community include several play areas, a swimming pool and tennis court, and a club house with an indoor activity area. 2. Petitioner will establish a dense vegetative screen around those portions of the property which adjoin property zoned RS-3 in accordance with and subject to any changes required for screening required by City Comprehensive Development Review. Petitioner will establish the screen at varying widths averaging 20 feet along the southerly boundary adjoining Tax Parcel 7090308 and along the 10.141 buffer tract which will remain RS-3. Substantial landscaping and planting is planned for the entrance area on King F: \WP51 \MBW\ ZONING~HI CKORY. PET 2 Street and along the entire eastern boundary of the property all of which will exceed City requirements. 3. If this rezoning request is granted, Petitioner agrees that it will submit its comprehensive site plan for review and approval by the Planning Commission prior to its final review and approval by the Planning Staff. 4. Petitioner agrees to provide a master storm water management plan as part of the Comprehensive Development Plan review for the project, which will deal with the storm water run- off requirements for the subject property as well as the existing Hickory Woods Community located on Official Tax Numbers 7090521 and 7090522. The storm water management facilities currently in place on the subject property were designed and constructed to take into account the needs of the existing Hickory Woods Community, as well as the projected needs for the subject property and were designed so that the proposed development would be served by storm water management facilities with capacity which exceeds the storm water management regulations as set forth by City requirements. Attached as EXHIBIT C are the names, addresses and tax map numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the Property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. F: \WP51 \MBW\ ZONING\HI CKORY. PET 3 Respectfully submitted this 8th day of February, 1996. Douglas E. Caton By: Of Counsel David C. Helscher JOLLY, PLACE, FRALIN & PRILLAMAN, P.C. 3912 Electric Road, S.W. P. O. Box 20487 Roanoke, VA 24018-0049 (703) 989-0000 Counsel for Petitioner F: ~WP51 \MBW\ZONING\HICKORY. PET 4 EXHIBIT "A" / '1 I ~ I EXHIBIT "B" 0 "iS ONIM / / OFFICIAL TAX NUMBER 7090507 7090508 7090509 7090510 7090514 7090404 7090317 7090308 7090521 7090522 7090110 7090111 7090112 7090113 EXHIBIT OWNER'S NAME ANDMAILINGADDRESg I. D. and Lalita I. Patel 3315 Orange Avenue, N.E. Roanoke, VA 24012 Jerry B. and Virginia A. Shaver 3239 Orange Avenue, N.E. Roanoke, VA 24012 Litton Systems Inc. P.O. Box 11966 Roanoke, VA 24022 Alfred A. & Ruth Gray Taylor 3402 King Street, N.E. Roanoke, VA 24012 Thomas C. and Linda H. 3334 King Street, N.E. Roanoke, VA 24012 Mann Craig A. and Tina W. Wright 913 Brattonlawn Drive, N.E. Roanoke, VA 24012 Hickory Woods Apartments, LLC 3001 Hickory Woods Drive, N.E. Roanoke, VA 24012 Robert L. and Mary M. Beard 3202 Richard Avenue, N.E. Roanoke, VA 24012 Raymond O. and France Q. Adams 3210 Richard Avenue, N.E. Roanoke, VA 24012 Clarence E. and Alice R. Spradlin 3218 Richard Avenue, N.E. Roanoke, VA 24012 Eddie M. Garlick and Mary Frances Smith 3226 Richard Avenue, Roanoke, VA 24012 7090114 7090115 Louise C. Johnson 3234 Richard Avenue, Roanoke, VA 24012 Drewey Allen and Annabelle Creasy 3242 Richard Avenue, N.E. Roanoke, VA 24012 7090116 7090117 7100601 Patrick D. and Virginia K. Rhodes 3258 Richard Avenue, N.E. Roanoke, VA 24012 Fralin & Waldron, Inc. P.O. Box 20069 Roanoke, VA 24018 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 May 22, 1996 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. Michael A. Wells 3904 Virginia Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Wells: At a regular meeting of the Council of the City of Roanoke held on Monday, May 20, 1996, a public hearing was held on your request to amend certain proffered conditions in conjunction with the rezoning of a parcel of land located at 3904 Virginia Avenue, N. W., identified as Official Tax No. 2761409; and that a 0.5-acre tract of land located at the rear of property identified as Official Tax No. 2761421 and fronting on Virginia Avenue, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. On motion, duly seconded, and adopted, the matter was referred back to the City Planning Commission for further study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Mr. Michael W. Wells May 22, 1996 Page 2 pc: Trustees of Fairview Methodist Church, 1310 Van Buren Street, N. W., Roanoke, Virginia 24017 Ms. Anna L. Pryor and Ms. Ruth L. Pryor, 3901 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. Marvin L. Hickson, 1610 Starview Drive, Salem, Virginia 24153 Roanoke Real Estate Exchange Corp., 2302 Colonial Avenue, S. W., Roanoke, Virginia 24015 Mr. Ralph L. Austin, 2723 Greenland Avenue, N. W., Roanoke, Virginia 24012 Whiting Oil Co., P. O. Box 13026, Roanoke, Virginia 24030 Mr. and Mrs. David H. Mitchell, 3910 Virginia Avenue, N. W., Roanoke, Virginia 24017 Ms. Betty B. McCormick and Ms. Julie A. McCormick, 3826 Virginia Avenue, N W., Roanoke, Virginia 24017 Mr. R. L. Underwood, 3922 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. G. P. Wise, 3934 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Paul F. Snodgrass, 3914 Virginia Avenue, N. W., Roanoke, Virginia 24017 Ms. Becky Wright, 3918 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. Lloyd F. Vest, 3938 Virginia Avenue, N. W., Roanoke, Virginia 24017 Carolyn H. Coles, Chairperson, City Planning Commission, 1501 Cove Road, N. W., Roanoke, Virginia 24017 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Kathy L. Brickey, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director of Utilities and OperatiOns William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Roanoke City Planning Commission May 20, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Michael A. Wells for an amendment to certain conditions approved pursuant to Ord. No. 32294-121994 in conjunction with the rezoning of property located at 3904 Virginia Avenue, N.W., bearing Official Tax No. 2761409; and that a 0.5 acre of land, located at the rear of property bearing Official Tax No. 2761421, and fronting on Virginia Avenue, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose of the rezoning request is to permit the expansion of an existing automobile cleaning facility currently located in an existing garage at the rear of Official Tax No. 2761409 and to eliminate several proffered conditions limiting the size of the business and the amount of signage permitted on the property. Existine automobile cleanin~ business located on Official Tax No. 2761409 was established after the petitioner was incorrectly informed by City staff of the zoning designation of the property. Petition to rezone the rear portion of Official Tax No. 2761409 was approved by City Council on December 12, 1994, subject to the following conditions: The use of the subject property to be rezoned shall be an automobile cleaning facility in the existing garage. Signage will be restricted to a single wall sign, not to exceed 20 square feet, to be located on the front of the existing garage facing Westside Boulevard. Room162 MunicipalBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of Council Page 2 Petition to amend existine proffered condition,o, and to rezone rear pOrtion of Official Tax No. 2761421 was filed on March 7, 1996. Amended proffered conditions are as follows: That the property will be developed in substantial conformity with the site plan prepared for Michael A. Wells dated September 24, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit "2" ' subject to any changes required by the city during site plan review. That if no building permit has been issued and no construction commenced within three (3) years fi.om the date of final zoning approval, the zoning shall revert to RS- 3, Residential Single Family District without further action by City Council. The use of the subject property to be rezoned shall be an automobile cleaning facility. Amended proffered conditions eliminate the existing restriction limiting the automobile cleaning facility to the existing garage located on the rear portion 'of Official Tax No. 2761409 and the restriction limiting signage to a single wall sign not to exceed 20 square feet. II. Curry: Planning Commission public hearing was held on April 3, 1996. Mr. Michael Wells appeared before the Commission and stated that he had a small car care facility on the rear of his property. He indicated that he would like to rezone the property and amend the existing proffered conditions so that he could construct a two-bay garage. He noted that he had tried to rent another facility, but the rent was too expensive. In response to a question fi.om Mr. Hill, Mr. Wells stated that he would use the existing garage for storage. Mr. Wells also indicated that he would take the hillside out to accommodate the new garage and construct a driveway from Westside Boulevard to provide access. Mr. Wells further stated he was willing to eliminate any signage and limit the hours of operation of the business. Mr. Marlles gave the staff report. He stated that staffhad looked at the original rezoning requested in 1994 and had recommended approval subject to the proffered conditions. He noted that staff could not support the current request for rezoning because staffwas concerned about the impact on the neighborhood. Mr. Marlles noted that the Planning office had received three to four calls from residential and commercial property owners who were opposed to the rezoning. Ms. Betty McCormick (3826 Virginia Avenue) appeared before the Commission to express opposition to the rezoning request. Ms. McCormick stated that Westside Boulevard was cluttered with cars using Mr. Wells' facility. She also noted that she had been awakened at 3:30 a.m. by loud music coming from Mr. Wells' facility. III. Members of Council Page 3 Mr. David Mitchell (3910 Virginia Avenue) appeared before the Commission to oppose the rezoning. Mr. Mitchell stated that he was concerned about the traffic congestion, noise in the middle of the night, and the impact on his property values. Mrs. Brenda Mitchell (3910 Virginia Avenue) appeared before the Commission and stated that even if Mr. Wells erected a fence, she would still get the trash and noise from the facility. Ms. Julie McCormick (3826 Virginia Avenue) appeared before the Commission and said that her main concern was that cars parked on the U.S. Construction lot. She said that her privacy fence had been damaged by the cars parked there by Mr. Wells. Mr. Bradshaw stated that he felt the cut into the bank which would be necessary to accommodate the proposed garage was too much for the neighborhood. He also noted that the necessary structural reconfiguration that would be necessary would make Mr. Wells' house difficult to sell in the future as his business prospered. A complete set of the draf~ minutes is attached. Issues: ~ of Official Tax No. 2761421 is currently RS-3, Residential Single Family District. Zoning to the north, across Virginia Avenue, and to the west is RS-3, Residential Single Family District. Zoning to the east across Westside Boulevard is C-l, Office District, and to the south is C-2, General Commercial District. Land use of the parcel to be rezoned is single family residential. Land use to the north and west is single family residential. Land use to the east is the existing automobile cleaning facility located in the existing garage on the rear portion of Official Tax No. 2761409. Utilities are available. Traffic imoact is minimal. Access to the existing and proposed automobile cleaning facility is from Westside Boulevard. Neighborhood is not presently organized. The Planning office received several calls from residents and businesses expressing opposition to the proposed rezoning and noting problems associated with the existing operation including noise and traffic congestion on Westside Boulevard. F. Comprehensive Plan recommends that: Development of commercial sites shall be carefully planned and designed to promote quality development and good land use. Members of Council Page 4 IV. Alternatives; Neighborhoods should be protected from encroachment of incompatible use through appropriate land use decisions and design/buffering requirements. City Council deny the rezoning request and requested amendments to conditions approved pursuant to the previous rezoning of Official Tax No. 2761409. Zoning of the subject property would remain RS-3, Residential Single Family District. The existing automobile cleaning facility would be permitted to continue in operation but would be confined to the existing garage on the rear portion of Official Tax No. 276 1409. Signage would continue to be restricted. Land use of the subject parcel would remain single family residential. Utilities would not be an issue. 4. Traffic imnact would not be an issue. 5. Nei hborhood im ct would not be an issue. 6. Comvrehensive vlan issues as set forth Item III.F. would not be followed. F-,~C~lf, il~p~pl~ the rezoning request and requested amendments to conditions approved pursuant to the previous rezoning of Official Tax No. 2761409. Zoning becomes conditional C~2, allowing the petitioner to build a new two-bay garage and to expand the existing automobile cleaning facility onto the rear portion of the adjacent lot. Land use of the rear portion of the subject parcel becomes commercial. Front portion of the subject parcel remains single family residential. 3. Utilities would not be affected. 4. Traffic impact would be increased slightly. Ne ghborhood could be impacted by continued commercial encroachment, noise, and traffic congestion. 6. Comt~rehensive plan issues as set forth in Item III.F. would not be addressed. Members of Council Page 5 By a vote of 5-0 (Mrs. Coles and Mr. Butler absent), the Planning Commission recommended denial of the requested rezoning finding that the existing proffered conditions .restricting the size of the business and signage are appropriate given the location of the business operation near a residential neighborhood. JRM:mpf attachment cc: Assistant City Attorney City Engineer Building Commissioner Petitioner Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission PETITION TO RF. ZONE, IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINI.~ Request to amend conditions proffered and approved under Ordinance No. 32294-121994, for property id~,~ed as Official Tax No. 2761409, located at the comer of Virginia Avenue, NW and Westside Boulevard, NW; and to rezone 0.5 acre of land, located at the rear of the lot id~/~/ied as Official Tax No. 2761421 and fronting on Virginia Avenue, NW; subject to certain conditions proffered by the petitioner. TO ~ HONORABLF, MAYOR AND MI~MBERS OF 'I'H I~' COUNCIL OF THIC~ CITY OF ROANOKE: The Petition~, Michael A. Wells, owns land in the City of Roanoke containing one (1) acre, more or less, located at 3904 Virginia Avenue, N.W., tax numbers 2761421. Said tracts are currently zoned RS-3, Residential Single Family Residential District and C-2 G-~neral Commercial. A map of the property to be rezoned is attached as Exhibit "I". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the rear 0.5 acre portion ofprobew] identified as official tax number 2761421 be rezoned from RS-3 Res/dential to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of expanding an existing automobile cleaning facility. The Petitioner believes the rezonin8 of the said tract of land will further the intent and pulposes of the Cites Zonins Ordinance and its comprehensive plan, in that it will provide a needed commercial service. The Pe6'tionm' requests that the existin8 proffers contained in Ordinance No. 32294-121994 be repealed and replaced, and hereby proffers and sgre~ that if the sa/d tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions on both parcels, identified by Oflidal Tax Nos. 2761409 and 2761421. 1. That the property will be developed in substantial conformity with the site plan prepared for Michael A. Wells dated September 24, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit "2", subject to any changes required by the city during site plan review. 2. That if no building permit has been issued and no construction commenced within three (3) years fi.om the date of final zoning approval, the zoning shall revert to RS-3, Residential Single Family District without ~rther action by City Council. 3. The use of the subject property to be rezoned shall be an automobile cleaning facility. Attached as Exhibit "3" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road fi.om the property to be rezoned. ~ORE, the Petitioner requests th~ the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the city of Roanoke. Respectfully submitted this 7th day of March, 1996. Respectfully submitted, 3904 Virginia Avenue, NW Roanoke, VA 24017 (~40) ~-01~ Si~ature of Owner ~chael~ Was E~IBIT 3 2760719 Or'NElL AG~qT OR OCCUPAN'[' Trustees of Fairview Methodist Church 1310 Van Buren Street Roanoke, VA 24017 2760720 Anna Louise Pryor Ruth Lucille Ptyor 3901 Vir~nla Avenue Roanoke, VA 24017 2760809 Marvin L. Hickson 1610 Starview Drive Salem, VA 24153 2761501 Roanoke Real Estate Exchange Corp. 2302 Colonial Avenue Roanoke, VA 24015 2761510 Ralph L. Austin 2723 Greenland Avenue Roanoke, VA 24012 2761417 Whiting Oil Company P.O. Box 13026 Roanoke, VA 24030 / zI · .~1/ I SENT BY: Poat-lt'" ~and fax transmittal memo 7671 I#o~, I -- MI'. John Mal'll~ Department of Planning & Community Development Roanoke, Va. April 3, 1996 Re: Public Hearing on Order No. 32294-121994 Please be advised that Fairview Methodist Church is opposed to the rezoning of property owned by Michael A. Wells from RS-3 to C-2. Trust~es of Fairvi~w United Methodist Church Roanoke City Planning Commission Minutes Page $ April 3, 1996 could be worked out before the matter went to City Council. He said that staff'was recommending approval of the request. Mr. Hill asked what uses were permitted in the LM zone. Mr. Marlles read those uses from the zoning ordinance. He noted that with the proffers, the petitioner was agreeing that no HM uses would be permitted. He also noted that because the site plan had been proffered, any new construction on the site, would have to come back to the Commission for approval. Mrs. Duerk stated she was delighted that the plaza would be having a new life and encouraged the developer to include a picnic area and trails in the plans. There being no further discussion, Mr. Hill moved to accept the petition as proffered. The motion was seconded by Mr. Chrisman and approved 5-0. Reouest from Michael A. Wells for an amendment to certain conditions anoroved nursu=,i to Ord. No. 32294-121994 in conjunction with the rezoning of pronett~ located at 390,1 Vir~nla Avenue. N.W.. bearing Official Tax No. 2761409: and that a 0.5 acre of land located at the rear of property bearin= Official Tax No. 2761421. and fioafi,= on Vir~in: Avenue. be rezoned from RS-3. Residential Sin~e Family District. to C-2. Get~er~ll Commercial District. such rezoning to be subiect to certain conditions nroffered bv th,, petitioner, Mr. Wells appeared before the Commission and stated he owned the property on Virginia Avenue. Mr. Jones asked Mr. Wells if he lived on the property. Mr. Wells responded that he did. He said that he had a small car care facility on the property at the present time. He said that his business was with dealers only and he also got some business offtbe street. He said that he needed space for trucks and that he wanted to construct a two-bay garage so that he could sea, ice trucks. He also noted that he had tried to rent another facility, but the rent was too expensive. He said that he was before the Commission today so that he could get on with his business. Mrs. Duerk asked Mr. Wells if had been before the Commission before. Mr. Wells said that he had. Mr. Hill asked the exact location of the proposed garage. Roanoke City Planning Commission Minutes Page 9 April 3, 1996 Mr. Wells said he wanted to put it behind the existing garage. Mr. Hill asked Mr. Wells what he planned to do with the existing garage. Mr. Wells responded that he would use the existing garage to store supplies. Mr. Hill asked Mr. Wells how he would access the new garage. Mr. Wells said that he would take the hill side out and make a driveway from Westside Boulevard. He said that the cars would be offthe street and that he did not want any signage. Mr. Hill asked how long the business had been in existence. Mr. Wells said that he had been in business for two years. Mrs. Duerk asked Mr. Wells how many people he employed. Mr. Wells said that he employed one person in addition to himself.. He also mentioned that the only noise generated by his business was a vacuum cleaner. Mr. Wells said that he could also limit his hours of operation. Mr. Bradshaw asked Mr. Wells how deeply he would cut into the bank. Mr. Wells said that he was really not cutting into the bank. He said that he would provide an area big enough for a car to go through. Mx. Bradshaw asked/fany trees would be cut. Mr. Wells said he would have to cut two trees down. Mr. Chrisman asked Mr. Wells if he had tried to extend the existing garage. Mr. Wells said that he could not do that and get the trucks into it. He said that he proposed to build a 30Y32' garage. He said that at present he could not service Blazers or trucks and that in the winter time he had to work on them outside. He said that the weather last winter had caused him to be unable to work quite a bit and he had gotten behind on his bills. He said that he needed a larger building Mr. Wells said that he also planned to erect a wooden fence all around his property so that his neighbors could not see his business. Mr. Hill asked Mr. Wells if he could foresee the business growing with the construction of the two car garage. Roanoke City Planning Commission Minutes Page 10 April 3, 1996 Mr. Wells said he did not. He said that he wanted to be able to do the work he had at the present time. Mr. Marlles gave the staff report. He said that the petitioner had been before the Commission in 1994 for the rezoning of the rear portion of the first tract of land on Virginia Avenue. He said that Council had approve the requested rezoning subject to the following conditions: (1) automobile cleaning business would be limited to the current garage; and (2) signage restriction on the property. He said that staff had looked at the request very closely and had recommended approval of the original request. He ~aid that staff felt the current operation with the current conditions worked for the existing site, but staffwas not able to support the current petition to rezone the rear portion of the second parcel and eliminate the conditions on the first parcel. He said that staffwas concerned about the impact on the neighborhood and the encroachment into the residential area. He also noted that since the staffreport was written, he had received three to four telephone calls from different residential and commercial property owners who were opposed to the rezoning request. He said that the callers were concerned about the traffic congestion on Westside Boulevard, noise, and impact on property values. Mr. Marlles said that he believed he had heard Mr. Wells proffer that in addition to the proffered concept plan, there would be no signage on the property, as well as operating hours from 9 a.m. to 5 p.m. Mr. Marlles noted again that staff was not recommending that the rezoning be granted or the conditions amended because it was felt that the current proffers were necessary to protect the neighborhood. Mr. Jones asked for comments. Ms. Betty McCormick (3826 Virginia Avenue) appeared before the Commission and stated she had lived at her address for 25 years. She said that a carwash was not needed at the proposed location and that it was too close to the intersection of Melrose Avenue and Westside Boulevard. She said that Westside Boulevard was cluttered with cars using Mr. Wells' facility and many times cars had to veer into oncoming traffic to get around the cars parked along Westside Boulevard because of Mr. Wells' business. Ms. McCormick also noted that Mr. Wells parked cars along Virginia Avenue, in the U.S. Construction lot across the street, and anywhere else he could find to park them. She also noted that she had been awakened at 3:30 a.m. by loud music coming from someone washing at car at Mr. Wells' facility. She noted that she had called the police about the situation. Ms. McCormick said that she could not understand why the area was rezoned for a carwash in the first place. She noted there were existing garages in the area and that she was opposed to the proposed rezoning. Mr. David Mitchell 0910 Virginia Avenue) appeared before the Commission and stated that another busienss was not needed. He said that the area was already congested and that he was also concerned about noise, primarily in the middle of the night, and his property value. He also stated that he was improving his backyard and did not want to sit on his back porch and see a garage. Roanoke City Planning Commission Minutes Page 11 April 3, 1996 Ms. Brenda Mitchell (3910 Virginia Avenue) appeared before the Commission and stated that even if Mr. Wells erected a fence, she would still get the trash and noise from his facility. She said that there were plenty of commercial establishments in the area and that Mr. Wells should find a building in another location. Ms. Julie McCormick (3826 Virginia Avenue) appeared before the Commission and said that her main concern was the cars that parked on the U.S. Construction lot. She said that her privacy fence had been damaged by the cars bumping into the fence. She noted that at times U.S. Construction could not even park on their own lot because Mr. Wells was using it to park his cars. Mr. Wells again appeared before the Commission and stated that he paid U.S. Construction monthly rent on the lot and that he had not damaged Ms. McCormick's fence. Mr. Chrisman said that the use of the second parking lot would seem to violate the conditions of the previous rezoning. Mr. Wells stated that there had been on car washing at 3 a.m. He said that this was a racial thing. He said that his business was not hurting anybody and that there was no loud noise coming from his business. He said that his neighbors were trying to pull him down because he was a black man. He said that he had talked with David Bowers who didn't see any problem with the rezoning and that Mr. Marlles had also been for it. He also said that there was nothing but noise on Westside Boulevard at the present site anyway. Mrs. Duerk questioned whether or not Mr. Wells would be able to get his work done within the 9 a.m. to 5 p.m. time frame he had proffered. Mi'. Wells said he could. Mrs. Duerk said that she had some concern about the expansion and felt it might be time to branch out. Mr. Wells said that he had looked at other buildings but could not afford them. He said that he had tried to talk to his neighbors, but they did not want to talk with him and were not friendly to him. Mr. Marlles said that staff had received a letter from Fairview Methodist Church indicating their opposition to the rezoning request. There being no further discussion, Mr. Hill moved to approve the requested rezoning. There being no second, the motion died for lack of a second. Mr. Jones asked for another motion. Hearing none, he said that chair would make a motion to deny the request. Roanoke City Planning Commission Minutes Page 12 April 3, 1996 The motion was seconded by Mr. Bradshaw. Mr. Bradshaw said he felt cutting 40 odd feet into the bank was too much through that five or six block area of that neighborhood. He said that there were series of neighborhood blocks on a bluff'where the commercialization of Melrose had been allowed to cut into that bank. He said that there was a sheer bank and an additional 40 feet into it would cut into it in an irregular shape and he felt it would be poor planning relative to the maintenance of neighborhoods to allow this encroachment. He also noted that he felt that a rezoning would interject into the neighborhood a structural reconfiguration that would make Mr. Wells' house difficult to sell in the futore as he prospers in his business. Mr. I-¥fll said that he had understood from Mr. Talevi in previous meetings, that the proper procedure was to make motions in the affirmative. Mr. Talevi stated that was correct. Mr. Talevi said that once the petition was moved, a vote in favor would be a vote to gr~nt the request and a negative vote would be against granting the request. Messrs. Jones and Br~dshaw withdrew their motion and second. Mr. Hill then moved to ~?prove the request. The motion was seconded by Mr. Jones. A roll call vote was taken as follows: Mr. Bradshaw - no Mr. Chrisman - no Mrs. Duerk - no Mr. Hill - no Mr. Jones - no The request was denied by a vote of 5-0. 8. Ranuest from Lawrence H. Logan. Sr.. that property located at 701 Salem Avenue. S.W,, bearing Official ~q~x No. 1111118, be rezoned from LM. Light Man-f~eO_arin.iz District. to CN. Neigbborhood~Commercial District. such rezonin~ to b~ subiect to certain gondltlml,5 nroffer~d by lhe peti{~er. . \ Mr. Lawrence Logan appeare.~before the Commission and stated that the location was formerly used as a neighbothood convenience store. He said that he had talked with as many property owners in the area as he could, as well ~ with City staff' on numerous occasions about the proposed rezoning request. 1 le said that he~l~d received positive comments fi.om the adjoining property owners mainly because it x,o c~v~s,,~o~ry2~.~o~us,e,d asa store where people in the area could purchase lunches. He said th~qt he?~t ~is requestNv,~s in the spirit of revitalizing the area. He presented photographs he had t;,!c,~.~.ofth~ present struL"q?e. He further stated that he had been made aware of some of the co~ccrn ~out the sale of alcofiolic beverages. He said that it was his intention to adhere to all alcoholic l~.'verage laws. He said that his proposed business would serve the business Ad Number: 50363480 Publisher's Fee: $113.10 MARY F. PARKER, CITY CLE ROOM 456, MUNICIFAL BUIL 215 CHURCH AVENUE, S.W. ROANOKE, VA 24011-1536 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 05/03/96 FULL RUN - Friday 05/10/96 FULL RUN - Friday Witness, this 13th day of May 1996 Authorized Signature I, NOT~ OF ~J~JC H~q~NG NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of amending conditions proffered on the rezoning of a tract of land located at 3904 Virginia Avenue, N.W. , and designated as Official Tax No. 2761409; and the question of rezoning from RS-3, Residential Single Family District, to C-2, General Commercial District, the following property: A 0.5-acre tract of land located at the rear of property bearing Official Tax No. 2761421 , and fronting on Virginia Avenue. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 1st day of May , 1996. Mary F. Parker, City Clerk. Publish in the Roanoke Times once on Friday, on Friday, May 10, 1996. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 May 3, 1996, and once Publish in the Roanoke Tribune once on Thursday, May 9, 1996. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 MARY E PARKER, CMC~AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 May 6, 1996 File f~51 SANDRA H. EAKIN Deputy City Clerk Mr. Michael A. Wells 3904 Virginia Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Wells: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request to amend certain proffered conditions in conjunction with the rezoning of a parcel of land located at 3904 Virginia Avenue, N. W., identified as Official Tax No. 2761409; and that a 0.5-acre tract of land located at the rear of property identified as Official Tax No. 2761421 and fronting on Virginia Avenue, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing and report of the City Planning Commission with regard to the request. Please review the documents and if you have questions, you may contact Staven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Planning and Community Development, at 981-2344. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Mr. Michael A. Wells May 6, 1996 Page 2 pc; Trustees of Fairview Methodist Church, 1310 Van Buren Street, N. W., Roanoke, Virginia 24017 Ms. ,~tna L. Pryor and Ms. Ruth L. Pryor, 3901 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. Marvin L. Hickson, 1610 Starview Drive, Salem, Virginia 24153 Roanoke Real Estate Exchange Corp., 2302 Colonial Avenue, S. W., Roanoke, Virginia 24015 Mr. Ralph L. Austin, 2723 Greenland Avenue, N. W., Roanoke, Virginia 24012 Whiting Oil Co., P. O. Box 13026, Roanoke, Virginia 24030 Mr. and Mrs. David H. Mitchell, 3910 Virginia Avenue, N. W., Roanoke, Virginia 24017 Ms. Betty B. McCormick and Ms. Julie A. McCormick, 3826 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. R. L. Underwood, 3922 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. G. P. Wise, 3934 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Paul F. Snodgrass, 3914 Virginia Avenue, N. W., Roanoke, Virginia 24017 Ms. Becky Wright, 3918 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. Lloyd F. Vest, 3938 Virginia Avenue, N. W., Roanoke, Virginia 24017 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-254i Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 6, 1996 File #51 Mr. Michael A. Wells 3904 Virginia Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Wells: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, May 20, 1996, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request to amend certain proffered conditions in conjunction with the rezoning of a parcel of land located at 3904 Virginia Avenue, N. W., identified as Official Tax No. 2761409; and that a 0.5-acre tract of land located at the rear of property identified as Official Tax No. 2761421 and fronting on Virginia Avenue, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing and report of the City Planning Commission with regard to the request. Please review the documents and if you have questions, you may contact Staven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the Planning Commission report should be directed to John R. Marllas, Chief of Planning and Community Development, at 981-2344. Mr. Michael A. Wells May 6, 1996 Page 2 It will be necessary for you, or your repreeentative, to be present at the May 20 public healing. Failure to appear could result in a deferral of the request for rezoning until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-I536 Telephone: (540) 981-2541 Fax: (540) 224-3145 March 8, 1996 SANDRA H. EAKIN Deputy City Clerk Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Michael A. Wells requesting an amendment to the previous proffered conditions approved pursuant to Ordinance No. 32294-121994 adopted by the Council of the City of Roanoke on Monday, December 19, 1994, in conjunction with the rezoning of a parcel of land located at 3904 Virginia Avenue, N. W., described as Official Tax No. 2761409; and that the rear portion of Official Tax No. 2761421, be rezoned from RS-3, Residential Single-family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Michael A. Wells, 3904 Virginia Avenue, N. W., Roanoke, Virginia 24017 John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Acting Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney PETITION TO RF~7~ON~, IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINI.~. Request to amend conditions proffered and approved under Ordinance No. 32294-121994, for property identified as Official Tax No. 2761409, located at the comer of Virginia Avenue, NW and Westside Boulevard, NW; and to rezone 0.5 acre of land, located at the rear of the lot identified as Official Tax No. 2761421 and fronting on Virginia Avenue, NW; subject to certain conditions proffered by the petitioner. TO ~ HONORABLE MAYOR AND MEMBERS OF ~ COUNCIL OF ~ CITY OF ROANOKE: The Petitioner, Michael A. Wells, owns land in the City of Roanoke containing one (1) acre, more or less, located at 3904 Virginia Avenue, N.W., tax numbers 2761421. Said tracts are currently zoned RS-3, Residential Single Family Residential District and C-2 General Commercial. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the rear 0.5 acre portion of proberty identified as official tax number 2761421 be rezoned fi'om RS-3 Residential to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of expanding an existing automobile cleaning facility. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide a needed commercial service. The Petitioner requests that the existing proffers contained in Ordinance No. 32294-121994 be repealed and replaced, and hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions on both parcels, identified by Official Tax Nos. 2761409 and 2761421. 1. That the property will be developed in substantial conformity with the site plan prepared for Michael A. Wells dated September 24, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit "2", subject to any changes required by the city during site plan review. 2. That if no building permit has been issued and no construction commenced within three 0) years fi.om the date of final zoning approval, the zomg shall revert to RS-3, Residential Single Family District without further action by City Council. 3. The use of the subject property to be rezoned shall be an automobile cleaning facility. Attached as Exhibit "3" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the city of Roanoke. Respectfully submitted this 7th day of March, 1996. Respectfully submitted, 3904 Virginia Avenue, NW Roanoke, VA 24017 (540) 366-0123 Signature of Owner Michael A. Wells · -.. ~o?1G "~. '.. ' ~?¢o7/~ '"'"-. -.. 7/6, ..~p ,,' SITE PLAN 2760719 OWNER. AGENT OR OCCUPANT Trustees of Fairview Methodist Church 1310 Van Buren Street Roanoke, VA 24017 2760720 Anna Louise Pryor Ruth Lucille Pryor 3901 Virginia Avenue Roanoke, VA 24017 2760809 Marvin L. Hickson 1610 Statview Drive Salem, VA 24153 2761501 Roanoke Real Estate Exchange Coxp. 2302 Colonial Avenue Roanoke, VA 24015 2761510 Ralph L. Austin 2723 Greenland Avenue Roanoke, VA 24012 2761417 Whiting Oil Company P.O. Box 13026 Roanoke, VA 24030 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUES~ 0F: Michael W. Wells, Tax No. 2761421, Virginia Avenue, from RS-3 to ) C-2, conditional, amend conditions on 2761409 ) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 25th day of March, 1996, notices of a public hearing to be held on the 3rd day of April, 1996, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner, Agent or Occupant 2760719 Trustees of Fairview Methodist Church 2760718 2760720 Anna Louise Pryor Ruth Lucille Pryor 2760809 Marvin L. Hickson 2761501 Roanoke Real Estate Exchange Corp 2761510 Ralph L. Austin 2761417 Whiting Oil Company 2761408 David H. Mitchell Brenda G. Mitchell Martha Pace Franklin Address 1310 Van Buren Street, NW Roanoke, VA 24017 3901 Virginia Avenue, NW Roanoke, VA 24017 1610 Statview Drive Salem, VA 24153 2302 Colonial Avenue, SW Roanoke, VA 24015 2723 Greenland Avenue Roanoke, VA 24012 P. O. Box 13026 Roanoke, VA 24030 3910 Virginia Avenue Roanoke, VA 24017 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of March, 1996. ~ Notary Public ~/ z My Commission Expires: · ~(~ ~,n~ /~7 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANN1NG COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, April 3, 1996, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Michael A. Wells for an amendment to certain conditions approved pursuant to Ord. No. 32294-121994 in conjunction with the rezoning of property located at 3904 Virginia Avenue, N.W., bearing Official Tax No. 2761409; and that a 0.5 acre of land, located at the rear of property bearing Official Tax No. 2761421, and fronting on Virginia Avenue, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, March 19, 1996 and Tuesday, March 26, 1996 Please bill and send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Chun:h Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 Deputy City Clerk May 21, 1996 File #24-51-79-165-169-200-252.289-450 Evelyn Jefferson, Vice-President - Supplements Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32304 D~]ar Ms. Jefferson: I am enclosing copy of Ordinance No. 32943-052096 amending and reordaining §32-102.3(a), ~A~[_~A~, §43-203.5, Other Powers and Duti--, §32-103.3(a), ~{~Zg.~L~az, and §32-103.4, Other Powers and Duties. of the Code of the City of Roanoke (1979), as amended, to provide that references in said sections to the Code of Virginia will conform with the current numbering of the Code of Virginia. I am also enclosing copy of Ordinance No. 32955-052096 amending and reordaining ~31-39, ~ of Chapter 31, i.~,ll~, and §36.1-710, F~, of Chapter 36.1, ~,.G_D.[DG, of the Code of the City of Roanoke (1979), as amended, to implement a Deferred Payment Program which will provide a deferred payment option to customers in the development community. Ordinance Nos. 32943-052096 and 32955-052096 were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Please include Ordinance Nos. 32943-052096 and 32955-4352096 in Supplement No. 36 to the Roanoke City Code. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 May 21, 1996 File #24-51-79-165-169-450 Deputy Civ/Clerk Raymond F. Leven Public Defender Suite 4B Southwest Virginia Building Roanoke, Virginia 24011 Dear Mr. Leven: I am enclosing copy of Ordinance No. 32943-052096 amending and reordaining §32-102.3(a), .Eu~AA.2[_TJ~, ~43-203.5, Other Powers and Dutie~ §32-103.3(a), Purooses of Tax, and §32-103.4, Other Powers and Duties: of the Code of the City of Roanoke (1979), as amended, to provide that references in said sections to the Code of Virginia will conform with the current numbering of the Code of Virginia. I am also enclosing copy of Ordinance No. 32955-052096 amending and reordaining §31-39, ~2~J~A~L~EYi~, of Chapter 31, Subdivisions. and §36.1-710, ~, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to implement a Deferred Payment Program which will provide a deferred payment option to customers in the development community. Ordinance Nos. 32943-052096 and 32955-052096 were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. iN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1996. No. 32955-052096. AN ORDINANCE amending and reordaining S31-39, Fees for plat review, of Chapter 31, Subdivisions, and S36.1-710, Fees generally, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to implement the Deferred Payment Program which will provide a deferred payment option to customers in the development community; and providing for an emergency. BE IT ORDAINED by.the Council of the City of Roanoke that: 1. Section ~31-39, Fees for plat review, of Chapter 31, Subdivisions, and S36.1-710, Fees generally, of Chapter 36,1, Zoning, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to provide as follows: Sec. 31-39. Fees for plat review. (a) The city council may establish a schedule of fees, charges, and expenses, including a collection procedure, for the review and approval of all plats and applications to vacate plats by the agent. The schedule of fees, charges and expenses shall be as set forth in the Fee Compendium of the City of Roanoke and shall be made available by the agent and may be altered or amended only by the city council. (b) Upon the filing of an application for the review and approval of all subdivision plats, or an application to vacate plats by the agent, all fees, charges and expenses shall be either paid in full or paid pursuant to City of Roanoke Deferred Payment Agreement executed by the person, or his authorized representative, seeking such review and approval or filing such application. Sec.~36.1-710. Fees qenerally. (a) The city council shall establish a schedule of fees and charges and a collection procedure for zoning permits, certificates of zoning compliance, appeals, amendments, and other matters pertaining to the regulations prescribed by this chapter. The cost of all advertising notices required for amendments to this chapter, including rezonings, shall be borne by the applicant. The schedule of fees and charges shall be as set forth in the Fee Compendium of the City of Roanoke and shall be available in the office of the zoning administrator and city clerk and may be altered or amended only by city council. (b) No action will be initiated on any application, appeal, or amendment, and no permit, certificate, special exception, variance, interpretation or amendment will be processed or granted, unless and until either payment of the prescribed fees, charges and expenses has been made in full, or payment is delayed pursuant to a City of Roanoke Deferred Payment Agreement executed by, or on behalf of, a person seeking a permit, certificate, special exception, variance, interpretation, amendment or services. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: .~ ~City Clerk. 2 Roanoke City Planning Commission May 20, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Amendment Section 36.1-710, Zoning, and Section 31-39, Subdivision, Code oftbe City of Roanoke (1979), as amended. II. Task force, including representatives fi.om the Planning, Building, Auditing, and City Information Systems departments, has been studying the issue of providing a deferred payment option to customers in the development community. This option would allow contractors, or other applicants, to make application for certain permits and be billed by the City at a later date for those services. ~ to the City Code are necessary to address the new "Deferred Payment Program" option. ~ in conjunction with the City Attorney's office, has prepared proposed amendments to the City's zoning and subdivision ordinance in order to facilitate the deferred payment option and "clean up" certain other fee information. A copy of the proposed amendments are attached to this report as Attachment A. Plannimt Commission public h¢~rin? was held on April 3, 1996. Mr. Maflles stated that the Commission had been briefed on the need for the proposed amendments at the March meeting. Mr. Marlles noted that in an effort to improve customer service, staff had been studying a deferred payment plan option, which would allow contractors to make application for certain permits and be billed by the City at a later date for those services. Mr. Marlles also stated that specific references to fees were also being eliminated in the zoning and subdivision ordinances and instead the City's fee compendium was being referenced. B. City hopes to have the Deferred Payment Program in place by July, 1996. Room162 MunicipalBuilding 215ChurchAvenue. S,W. Roanoke. Virginia24011 (703)981-2344 By a vote of 5-0 (Mrs. Coles and Mr. Butler absent), the Roanoke City Planning Commission recommended that the zoning ordinance, specifically Section 36.1-'/10, be amended to reference the new Deferred Payment Program and that the subdivision ordinance, specifically Section 31-39, be amended to reference the new Deferred Payment Program. The proposed amendments will help improve customer service to the City's development community by permitting certain services to be billed by the City at a later date. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission JRM:mpf attachment cc: Assistant City Attorney City Engineer Building Commissioner Zoning Administrator ATTACHMENT A Section 36.1-710. Fees generally. (a) The. city cou~.cil shall establish a schedule of fees and charges and a collection procedure for zoning pernuts, certificates of zoning compliance, appeals, amendments, and other matters pertaining to the regulations prescribed by this chapter. The cost of all advertising notices required for amendments to this chapter, including rezonings, shall be borne by the applicant. The schedule of fees and charges shall be as set forth in the Fee Compendium of the City of Roanoke and shall be available in the office of the zoning administrator and city cierk and may be altered or amended only by city council. 00 (b) No action will be initiated on any application, appeal, or amendment, and no permit, certificate, special exception, variance, interpretation or amendment will be processed or granted, unless and until ~:.)~.: -~-L ......... ~ ~ ...... ~ ~. u.. made-ia-f~, either payment of the prescribed fees, charges and expenses has been made in full, or payment is delayed pursuant to a CiO~ of Roanoke Deferred Payment Agreement executed by, or on behalf of, a person seelgng a permit, certificate, special exception, variance, interpretation, amendment or servicer Section 31-39. Fees for plat review. (a) The city council may establish a schedule of fees, charges, and expenses, including a collection procedure for the review and approval of all plats end applications to vacate plats by the agent. The schedule of fees, charges and expenses shall be as set forth in the Fee Compendium of the C#y of Roanoke and shall be made available by the agent and may be altered or amended only by the city council. Upon the filing of an application for the review and approval of all subdivision plats, or an application to vacate plats by the agent, ali fees, charges and expenses shah be either paid in full or paidpursuant to a City of Roanoke Deferred Payment .4greement executed by the person, or his authorized representative, seeking such review and approval or filing such application. May 20, 1996 #96-125 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: Deferred Payment Program for Permit Fees I. Background: Permit fees are currently paid in advance as required in Section 7-14 Permit and Inspection Fees, Section 11-9 Erosion and Sediment Control, Chapter 26 - Sewers and Sewage Disposal, and Chapter 30 - Streets and Sidewalks of the City Code of the City of Roanoke (1979), as amended. The development communit~ has requested a method whereby pen-nit fees can be billed on a monthly basis. A task force of relxesentatlves from several City denartment~ has recommended implementation of a deferred payment program for the development community. A joint Roanoke City and Roanoke County staffdevelonment review team agrees that this is an area we can both improve. Roanoke County already has a program of deferred payment for some permit fees. Volume I of the Uniform Statewide Buildine Code allows delayed payment of fees. Similar action was approved for elevator inspection fees in January, 1993, allowing for payment either before or al~er inspection. II. Current Situation: A. A July 1. 1996. implementation is recommended. B. Procedures recommended by the implementation team include: Participants of the program must post a bond for the amount set forth as their maximum credit limit. Charges cannot exceed this limit at any time. 2. Fees will be billed monthly by the Office of Billings and Collections. 3. Payments will be paid to the City Treasurer. The Honorable Mayor and Members of City Council Page 2 May 20, 1996 IH. Issues: The Office of Billings and Collections will follow up on overdue accounts. The posted bond will cover the mount of any account more than 30 days past due, and the participant will be barred from further participation in the program. A. Customer Service B. Regional Cooperation C. Efficiency Alternatives: Ao ~L]~I~PZ~Yt the recommended amendments to Section 7-14, Section 11- 9, Section 26-4.1, Section 30-62 of the Code of the City of Roanoke (1979), as amended, and the addition of new Section 2-178.2, to provide for deferred payment of permit fees. City Council approve changes to the Fee Compendium per Attachment A and authorize the Director of Finance to amend the Fee Compendium to reflect those changes enacted by City Council. Customer service would be greatly enhanced to our external customers since many of the permits could be issued by telephone, mall, or fax. This would eliminate numerous trips by the developer to the Municipal Building for the purpose of obtaining permits. Re 'onal coo emtion between Roanoke City and Roanoke County permit billing procedures would be achieved. ° Efficiency would be improved due to a reduction in walk-in traffic. This in turn would reduce interruptions thereby decreasing processing time and Bo City Council deny the recommended amendments to Section 7-14, Section 11-9, Section 26-4.1, Section 30-62 of the Code of the City of Roanoke (1979), as amended, to provide for deferred payment of permit fees. City Council deny any changes to the Fee Compendium. Customer service would not be enhanced and customers will continue to experience the problem of lost time. The Honorable Mayor and Member of City Council Page 3 May 20, 1996 2. Re ional coo emtion would not be achieved. Efficiency would not be improved and developers will continue to comp. lain about parking and having to come to the Municipal Building for permits. Recommendations: City Council concur in Alternative "A" and take the following actions: A~nrove the ~ro~osed code amendments to Section 7 - 14, Section 11- 9, Section 26 - 4.1, Section 30-62 of the City Code, and the addition of a new §2-178.2 establishing procedures for administration of a deferred payment program. Approve changes to the Fee Compendium per Attachment A and authorize the Director of Finanee to amend the Fee Compendium to reflect those changes enacted by City Council. Respectfully submitted, W. Robert Herbert City Manager Attachments CC: City Attorney Director of Finance Director of Public Works Municipal Auditor Building Commissioner Acting Chief, Billings and Collections BUILDING, MOVING, AND RAZING PERMIT ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: The fee for a building permit is levied on building construction in accordance with the Virginia Uniform Statewide Building Code. The amount of the estimated labor and materials or contract amount determines the fee. An individual may file an amended permit if costs exceed the original estimate. SERVICE CHARGE: Fee schedule on the following page. These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 28075, April 7, 1986 Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 7-14 CURRENT BUILDING, MOVING, AND RAZING PERMIT FEES VALUATION FEE VALUATION FE__E VALUATION FEE $3,000.00 $ 24.00 $44,000.00 $228.00 $ 90,000.00 $ 435.00 4.000.00 24.00 45,000.00 232.50 91,000.00 439.50 5,000.00 30.00 46,000.00 237.00 92,000.00 444.00 6,000.00 35.00 47,000.00 241.50 93,000.00 448.50 7,000.00 42.00 48,000.00 246.00 94,000.00 453.00 8,000.00 48.00 49,000.00 250.50 85.000.00 457.50 5,000.00 54.00 50,000.00 255.00 96,000.00 462.00 10,000.00 60.00 51,000.00 255.50 97,000.00 469.50 11,000.00 66.00 52,000.00 264.00 98,000.00 471.00 12,000.00 72.00 53,000.00 268.50 99,000.00 475.50 13,000.00 78.00 54,000.00 273.00 100,000.00 480.00 14,000.00 84.00 55,000.00 277.50 15,000.00 90.00 56,000.00 282.00 16.000.00 96.00 57,000.00 286.50 Over $100,000 equals $480.00 17,000.00 102.00 58,000.00 291.00 plus $ 3.00 per M 18,000.00 108.00 59,000.00 295.50 19,000.00 114.00 60,000.00 300.00 Figure Fractions From Here 20,000.00 120.00 61,000.00 304.50 62,000.00 309.00 $ 200,000.00 $ 780.00 63,000.00 313.50 300,000.00 1,080.00 64,000.00 318.00 400,000.00 1,380.00 Over $20,000.00 equals $120.00 65.000.00 322.50 500,000.00 1,680.00 plus $4.50 per M 66,000.00 327.00 600,000.00 1,830.00 21,000.00 124.50 67,000.00 331.50 700,000.00 1,980.00 22,000.00 129.00 68,000.00 336.00 500,000.00 2,130.00 23,000.00 133.50 69,000.00 340.50 900,000.00 2,280.00 24,000.00 138.00 70,000.00 345.00 1,000,000.00 2,430.00 25,000.00 142.50 71,000.00 346.50 26,000.00 147.00 72,000.00 354.00 Over $1,000,000.00 equals 27,000.00 151.50 73,000.00 358.50 $2,430.00 plus $.75 per 28.000.00 156.00 74,000.00 363.00 Thousand 29,000.00 160.50 75,000.00 387.50 30,000.00 165.00 75,000.00 372.00 31,000.00 169.50 77,000.00 376.50 32,000.00 174.00 78,000.00 381.00 33,000.00 178.50 79,000.00 385.50 34,000.00 183.00 80,000.00 350.00 35,000.00 187.50 81,000.00 354.50 36,000.00 192.00 82,000.00 399.00 37,000.00 196.50 83,000.00 403.S0 38,000.00 201.00 84,000.00 408.00 39,000.00 205.50 85,000.00 412.50 40,000.00 210.00 86,000.00 417.00 41,000.00 214.50 87,000.00 421.50 42,000.00 219.00 88,000.00 426.00 43,000.00 223.50 89,000.00 430.50 CERTIFICATE OF OCCUPANCY - CHANGE OF USE ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee charged when an individual or firm wishes to change the use of an existing structure and obtain a new Certificate of Occupancy (COA). SERVICE CHARGE: $30.00 This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 36.1 - 710 CERTIFICATE OF OCCUPANCY - TEMPORARY ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee charged to issue a temporary Certificate of Occupancy for a building that is substantially complete, but lacks some component that is necessary for a final certificate to be issued. SERVICE CHARGE: $25.00 This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 36.1-710 CERTIFICATE OF OCCUPANCY - PERMANENT ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee charged to issue a permanent Certificate of Occupancy for a building. SERVICE CHARGE: $25.00 This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 36.1-710 DEMOLITION ADMINISTRATION ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee for the administrative tasks involved in boarding up and demolishing structures that have been abandoned. Also, a surcharge on the City's demolition cost of a structure that the owner would not take responsibility of demolishing as ordered by the Building Commissioner. The City must arrange to have the work done. SERVICE CHARGE: LEGAL AUTHORIZATION: $16.00 and a 20% surcharge on the demolition cost This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 7-14 ELECTRICAL INSPECTION AND PERMIT FEES ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee for the inspection of electrical wiring. The amount of the estimated cost or contract amount determines the fee. When the permit is issued on the basis of estimated cost and the actual cost of such work exceeds one hundred dollars, the person, firm, or corporation obtaining such permit shall, within ninety days after completion of the work, file a report of such actual cost with the Office of the Building Commissioner. Should the fee based on the final cost exceed the permit fee previously paid on such work, the difference should be paid by the permittee to Building Inspections, and a supplemental permit shall be issued by the electrical inspector. SERVICE CHARGE: Amount of Contract ~ Fee $ .01 $ 100.00 $ 20.00 100.01 200.00 25.00 200.01 300.00 35.00 300.01 500.00 45.00 500.01 1,000.00 55.00 1,000.01 2,000.00 65.00 2,000.01 3,000.00 75.00 3,000.01 4,000.00 85.00 4,000.01 5,000.00 95.00 Over 5,000 $95 plus $5 for each additional thousand or fraction thereof These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 7-14 FIRE SUPPRESSION SYSTEMS ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: In order to comply with the Building Code, some buildings are required to have fire suppression systems of various types. Inspections of the wiring and electrical components are done by one of the electrical inspectors, and the water or chemical flow and testing are done by one of the mechanical inspectors. SERVICE CHARGE: Up to $20,000 $21,000 to $100,000 Above $100,000 $17 per $1,000 $13 per $1,000 plus $340 $ 8 per $1,000 plus $1,380 These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 7-14 HEATING/MECHANICAL PERMITS ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee charged for obtaining a heat/mechanical permit. This permit is required before any work is performed. SERVICE CHARGE: System Co~t Upto $3,000 $3,000- $20,000 $21,000-$100,000 Above $100,000 Above $1,000,000 $27 $9 per $1,000 $7 per $1,000 plus $180 $4 per $1,000 plus $740 $1 per $1,000 plus $4,340 These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 7-14 PLUMBING INSPECTIONS ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: There are a variety of different types of plumbing permits which tend to be lumped together for purposes of reporting. However, some of these plumbing permits require substantially different amounts of time, which in turn affects the price. SERVICE CHARGE: Fee schedule is on the following page. These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 7-14 PLUMBING INSPECTIONS Interceptors Each residential-building sewer 25.00 25.00 Commercial building sewers (storm and sanitary), water lines and gas lines. System Cost Service Charae Up to $5,000 5,001 to 20,000 20,001 to 100,000 above 100,000 $6 per $1,000 + $5 per $1,000 + $4 per $1,000 + $30.00 30.00 120.00 520.00 Each water heater & energy supply Each gas piping system of I to 4 outlet (10.00) Each gas outlet over 4 Each plumbing fixture or floor drain: 25.00 20.00 20.00 5.00 I thru 4 fixtures, floor drains or roof drains 5 thru 15 fixtures, floor drains or roof drains - $5 per fixture + Above 15 fixtures, floor drains or roof drains $2 per fixture + 20.00 20.00 75.00 Disposals and dishwashers are considered the same as a fixture. Backfiow preventors/backwater valves 20.00 Minor repairs may be made without a permit to water lines, traps, and faucets. When replacing a residential sewer line, the fee is $25.00. Fee for replacing or new water line is $20.00. RE-INSPECTION FEES ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Re-inspections are required for the following reasons: a. Failure to make necessary corrections identified at a previous inspection (s). b. Job not ready for an inspection. c. Facility locked; scheduled inspection could not be made. d. Work being performed without required permit(s) (U.S.B.C. 112.3). The owners/contractors are notified in writing by the field inspector using a field correction notice when a reinspection fee is due. When the fee is paid, the inspection technician will give a copy of the receipt to the inspector that has levied the fee. SERVICE CHARGE: $25.00 This fee shall be payable upon application or payable I~ursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 7-14 SEWER CONNECTION CHARGES ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: This a one time fee (privilege fee) for connecting an individual to the City's sewer system. SERVICE CHARGE: 4" and 6" sewer connection $ 8" sewer connection 10" and larger sewer connection 452.26 1,130.65 2,261.30 These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Ordinance No. 31783, December 20, 1993 Roanoke City Code, Sec 26-4.1 SEWER EXTENSION ASSESSING DEPARTMENT: Engineering COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee charged for determining whether there is an existing sanitary sewer facility available for a particular piece of property. This typically requires time spent in the office reviewing drawings and evaluating the existing sewer system. In about 80 percent of the cases, field surveying will also have to be done to make a determination regarding sewer availability. SERVICE CHARGE: LEGAL AUTHORIZATION: $50.00 deposit and 50% of actual costs determined per Engineering construction cost estimates. An exception to this charge would be in those cases where the request for a sewer estimate stems from an immediate danger to citizen health or safety, such as in the event of a failed septic tank. This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 26-8 STREET OPENING PERMITS FOR CURB AND GUTTER, PRIVATE DRIVEWAYS, SIDEWALKS AND UTILITY CUTS ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee charged for permits allowing openings to be made in the City's streets. Any public utility company or its contractor conducting work requiring a permit in connection with a City or Virginia Department of Transportation sponsored project shall be exempt from such fee. SERVICE CHARGE: LEGAL AUTHORIZATION: $36.00 This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement, Resolution No. 30124, June 25, 1990 Ordinance No. 31606, August 9, 1993 Roanoke City Code, Sec 30-9, 30-62, 30-65, 30-79 TANK INSTALLATION AND REMOVAL ASSESSING DEPARTMENT: Building Inspections COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: The installation of flammable liquid or liquefied petroleum gas storage tanks requires an inspection to ensure the tank is properly installed. The removal of flammable liquid and liquefied petroleum gas storage tanks requires an inspector to ensure that the tank is properly removed and any contaminants are taken care of. SERVICE CHARGE: Up to $3,000 $3,000 - $20,000 $21,000 - $100,000 Over $100,000 Over $1,000,000 $27 $9 per $1,000 $7 per $1,000 plus $180 $4 per $1,000 plus $740 per $1,000 plus $4,340 These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 7-14 BOARD OF ZONING APPEALS SPECIAL EXCEPTIONS ASSESSING DEPARTMENT: Community Planning COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee charged to individuals wishing to file a special exception request with the Board of Zoning Appeals, SERVICE CHARGE: $75.00 This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 36.1-710 BOARD OF ZONING APPEALS - VARIANCE ASSESSING DEPARTMENT: Community Planning COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Fee charged to individuals wishing to file an appeal before the Board of Zoning Appeals. SERVICE CHARGE: $75.00 This fee shall be payable upon application or payable pursuantto a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30989, May 11, 1992 Roanoke City Code, Sec 36.1-710 COMPREHENSIVE DEVELOPMENT PLAN REVIEW ASSESSING DEPARTMENT: Community Planning COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: The Comprehensive Development Plan Review process requires that detailed drawings and calculations be submitted for certain projects. These plans depict all site improvements that will be required under the City's Land Development Regulations. Most of these submittals can be handled administratively, and therefore do not have to be approved by the Planning Commission. The plans are submitted to the Building Inspections Department and then forwarded to Community Planning. From there, the plans are generally distributed to the Engineering, Building, and Water Departments for review. Usually a second submittal is required to address comments raised during the first review cycle. Once the plans adequately address the City's concerns, they are approved and a building permit can be obtained. SERVICE CHARGE: $100.00 per acre or part thereof This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 36.1-710 REZONING APPLICATION ASSESSING DEPARTMENT: COLLECTION DEPARTMENT: DESCRIPTION: SERVICE CHARGE: Community Planning City Clerk Fee assessed to process an application for amendment to the zoning map. Rezoning to RA or RS District Rezoning to RM-1 or RM-2 District Rezoning to RM-3 or RM-4 District Rezoning to Commercial District Rezoning to LM or HM District Rezoning to RPUD or IPUD District Rezoning to H-1 or H-2 District Amendments to conditions of a conditional rezoning $ 25.00 100.00 plus 10.00 per acre or part thereof 150.00 plus 10.00 per acre or part thereof 300.00 plus 10.00 per acre or part thereof 300.00 plus 10.00 per acre or part thereof 300.00 plus 10.00 per acre or part thereof 25.00 50.00 These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Roanoke City Code, Sec 36.1-710 SIGN PERMITS ASSESSING DEPARTMENT: Community Planning COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: Sign permits are issued to ensure compliance with zoning requirements, protect the safety of the citizens and property of the City, as well as for aesthetic purposes. The sign permitting activity is accomplished by the Assistant Zoning Administrator and the Zoning Inspector. The fee shall be paid by or on behalf of the owner of each awning, marquee, sign, street clock and/or street thermometer for which a permit is required. SERVICE CHARGE: Ground Sign or Post Sign: 0 to 30 square feet $ 15.O0 31 to 100 square feet 30.00 101 to 300 square feet 60.00 301 to 600 square feet 90.00 Over 600 square feet 120.00 Wall Sign: Up to 6 square feet in area 8.00 Over 6, but not more than 150 square feet in area 15.00 Over 150, but not more than 300 square feet in area 25.00 Over 300 square feet in area 30.00 Projecting Sign: Shingle type, not over 6 square feet in area 5.00 Over 6, but not exceeding 60 square feet in area 15.00 Over 60 square feet in area 20.00 SERVICE CHARGE: (CONTINUED) Awning Marquee Sign Street Clock and/ or Street Thermometer Temporary Sign Permit: 0 to 30 square feet 31 to 60 square feet $ 15.00 15.00 15.00 30.00 45.00 These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 36.1-710 EROSION AND SEDIMENT CONTROL PLAN REVIEW ASSESSING DEPARTMENT: Community Planning COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: An erosion and sediment control plan must be filed with the Planning and Community Development Department prior to beginning site work on a development project, SERVICE CHARGE: $30.00 per acre or part thereof This fee shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sac 11-9 Roanoke City Code, Sec 36.1-710 SUBDIVISION PLAT VACATION REVIEW ASSESSING DEPARTMENT: Community Planning COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: An applicant will desire to have existing plats that were established through the subdivision process vacated or eliminated. This review process is similar to a subdivision review, but requires considerably more legal and deed research. SERVICE CHARGE: $150.00 This fee shall be payable upon application or payment pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Resolution No. 30124, June 25, 1990 Roanoke City Code, Sec 31-39 SUBDIVISION REVIEW ASSESSING DEPARTMENT: COLLECTION DEPARTMENT: DESCRIPTION: SERVICE CHARGE: LEGAL AUTHORIZATION: Community Planning City Treasurer Fee required for approval of subdivision plats. Subdivision of 3 lots or less $50.00 Subdivision of more than 3 lots 50.00 plus $15.00 per lot in excess of 3 These fees shall be payable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. Roanoke City Code, Sec 31-39 ZONING PERMIT ASSESSING DEPARTMENT: Community Planning COLLECTION DEPARTMENT: City Treasurer DESCRIPTION: An application for a zoning permit and plans must be submitted in triplicate with the appropriate information. SERVICE CHARGE: $10.00 This fee shall be I~ayable upon application or payable pursuant to a City of Roanoke Deferred Payment Agreement. LEGAL AUTHORIZATION: Roanoke City Code, Sec 36.1-710 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 22, 1996 File #79-137-165-169 James R. Cromwell, Attorney Vogel & Cromwell, EEC. P. O. Box 18188 Roanoke, Virginia 24014 Dear Mr. Cromwell: I am enclosing copy of Resolution No. 32957-052096 supporting tax exemption of property located at 1529 Williamson Road, N. W., in the City of Roanoke, owned by Northwest Recreation Club, Inc., and used by it exclusively for charitable or benevolent purposes on a non-profit basis. Resolution No. 32957-052096 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Pursuant to Paragraph 4, I am directed to forward an attested copy of the abovereferenced measure to the Commissioner of the Revenue and the City Treasurer for the purpose of assessment and collection, respectively, of the service charge established by Resolution No. 32957-052096. The Resolution will be in full force and effect at such time as a copy, duly signed by an authorized officer of the Northwest Recreation Club, Inc., has been filed with the City Clerk. It will be necessary for you to contact either Delegate Clifton A. Woodrum, III, or Delegate A. Victor Thomas to request that a bill be introduced at the 1997 Session of the General Assembly. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 22, 1996 File #79-137-165-169 The Honorable Marsha Compton Fielder Commissioner of the Revenue Roanoke, Virginia The Honorable Gordon E. Peters City Treasurer Roanoke, Virginia Dear Ms. Fielder and Mr. Peters: I am enclosing copy of Resolution No. 32957-052096 supporting tax exemption of property located at 1529 Williamson Road, N. W., in the City of Roanoke, owned by Northwest Recreation Club, Inc., and used by it exclusively for charitable or benevolent purposes on a non-profit basis. Resolution No. 32957-052096 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Pursuant to Paragraph 4, I am directed to forward an attested copy of the abovereferenced measure to you for the purpose of assessment and collection, respectively, of the service charge established by Resolution No. 32957-052096. MFP:sm Enc. Sincerely, Mary F. Parker, CMC/AAE City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1996. No. 32957-052096. A RESOLUTION supporting tax exemption of property in the City of Roanoke owned by Northwest Recreation Club, Inc. and used by it exclusively for charitable or benevolent purposes on a non-profit basis. WHEREAS, Northwest Recreation Club, Inc., (hereinafter "the Applicant") has petitioned this Council for support of a bill to be introduced at the 1997 Session of the General Assembly to exempt certain property of the Applicant from taxation pursuant to Article X, S6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on May 20, 1996; WHEREAS, the provisions of subsection B of S30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council; WREREAS, from taxation the Applicant agrees that the property to be exempt is the personal property of the Applicant and the buildings and as much land as is reasonably necessary to the use of its buildings, providing such personal and real property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Resolution and Council's support of a bill hereinafter described in Paragraph 1 to be introduced on behalf of the Applicant at the 1997 Session of the General Assembly, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to real property of the Applicant were the Applicant not exempt from such taxation, for so long as the applicant's real property is exempted from State and local taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council supports a bill to be introduced at the 1997 Session of the General Assembly whereby Northwest Recreation Club, Inc., a non-profit organization, seeks to be classified and designated a charitable or benevolent organization within the context of S6(a)(6) of Article X of the Constitution of Virginia, and whereby property owned by the Applicant, which is used by it exclusively for charitable or benevolent purposes on a non-profit basis, shall be exempt from State and local taxation. 2. In consideration of Council's adoption of this Resolution and Council's support of the bill described in Paragraph i of this Resolution to be introduced at the 1997 Session of the General Assembly, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to real property of the Applicant, in the City of Roanoke, were the Applicant not exempt from State and local taxation, for so long as the Applicant is exempted from State and local taxation. 3. In adopting this Resolution, the Council has examined and considered the provisions of Subsection B of S30-19.04, Code of Virginia (1950), as amended, and pursuant to Subsection C of the same section, Council recognizes that the Applicant owns real property currently assessed at $273,800.00, representing a real property tax liability of $3,367.72 for the 1995-96 tax year, and Council recommends to the General Assembly that the specific classification shall be benevolent or charitable. 4. The City Clerk is directed to forward an attested copy of this Resolution to the Commissioner of the Revenue and the City Treasurer for purpose of assessment and collection, respectively, of the service charge established by this Resolution, and to James R. Cromwell, counsel for the Applicant. 5. This Resolution shall be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. A~EST: p~ City Clerk. ACCEPTED, AGREED TO and EXECUTED by Northwest Recreation Club, Inc., this __ day of , 19 NORTHWEST RECREATION CLUB, INC. m~ (SEAn) Title Honorable Mayor and Members of City Council Roanoke, Virginia May 20, i~J96~' Report g96-11 Dear Mayor and Council Members: Subject: Request for Support for Tax Exempt Status from Northwest Recreation Club, Inc. Northwest Recreation Club. Inc. is the owner of certain real property located at 1529 Williamson Road, N.E. being Lots 6, 13, 14, and 15, Block 1, Survey No. 1, Oakland (Tax Map Numbers 3070707, 3070714, 3070715, and 3070716). This property has a real estate assessed value for 1995/96 of $273,800, with a real estate tax assessment of $3,367.72. Northwest Recreation Club. Inc, petitioned City Council on February 22, 1996, requesting adoption of a Resolution in support of the organization obtaining tax exempt status from the General Assembly on property located in the City of Roanoke. II. III. ISSUES: A. B. C. D. City Council adopted Resolution No. 30884-021892 on February 18, 1992, to establish guidelines for organizations seeking support for exemption from taxation. (See Attachment A). Notification of a Public Hearing to be held on May 20, 1996, was advertised in the Roanoke Times on Sunday, May 12, 1996. Compliance with City Policy, Determination by Commissioner of the Revenue. Members of City Council Page 2 May 20, 1996 City Council grant the request of Northwest Recreation Club. Inc. for Council support of Northwest Recreation Club's request to the 1997 General Assembly to be designated exempt from taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virginia. Compliance with City Policy has been met through the filing of their petition (See Attachment B). Service to Citizens is met as Northwest Recreation Club, Inc. provides offices and meeting rooms to facilitate the promotion and sponsorship of athletic and recreational activities for boy and girls in Northwest Roanoke and its environs. Cost to the City will be $2,964.18 in property taxes. The actual tax, before exemption, would be $3,367.72. A twenty percent (20%) service charge will be levied by the City in lieu of real estate taxes. The 20% service charge for Fiscal Year 95/96 will be $673.54. The difference between the actual tax and the service charge levied is the cost to the City. Commissioner of Revenue, Ms. Marsha Compton Fielder, has determined that the organization is not tax exempt by classification or designation under the Code of Virginia. City Council deny request of Northwest Recreation Club. Inc, for Council support of Northwest Recreation Club's request to the 1997 General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)6 of the Constitution of Virginia. Compliance with City Policy has been met through the filing of Northwest Recreation Club's petition (See Attachment B). Service to Citizens would probably not be affected. Cost to the City will not be an issue. Determination by Commissioner of Revenue will remain unchanged. Members of City Council Page 3 May 20, 1996 City Council concur in Alternative "A" to grant the request of Northwest Recreation Club for Council support of their request to the 1997 General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)6 of the Constitution of Virginia. WRH:LJF/lf Attachment CC' Marsha Compton Fielder, Commissioner of Revenue Gordon E. Peters, City Treasurer Barry L. Key, Manager, Office of Management and Budget James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Respectfully submitted, W. Robert Herbert City Manager ATTACI~O~NT A IN THE COUNCil FOR THE CITY OF ROANOKE, VIRGINIA, The 18th Day of February, 1992. No. 30884-021892. A RESOLUTION establishing the policy of the City with respect to supporting requests of certain non-profit organizations exempt certain property from taxation pursuant to Article X, S6(a)(6) of =ho Constitution of virginia. WHEREAS, this Council from time to time, has been requested to adopt a resolution in support of a non-profit ~rgenizations request of the General Assembly to he designated exempt from taxation pursuant to Az~lcla X, Section 6(e)(6) of the Constitution of virginia; WHEREAS, this Council hal nec heretofore adopted any policy with reepec~ to those organizations requests and ~he ~em and conditions under which Co~cil will sup~ an organizations c~es~ ~or =ax-oxenp~ s~a~us; ~E~, a wrL~en ~lX~wlll aasis~ Council ~n cons~der~nV whether an organization should ~ given Counct~*s sup~r~ o~ ~=s =~uesC ~or tax ex~C Status, and a~l~on~ll~also will ~elp ~o ~nau~ ~C all e~larly st~uaC~ organizations are =~ea=ed un~fomly~ ~~, ~ IT ~SOL~D ~ ~he Co~ci1 of ~ho C~W of Re.eke ag ~OI1M~ a resolution f~ co~cil suppling l~s r~es~ of the ~se~ly ~o~desl~C~ ox~C fr~cmcion~rsuan~ Co~lc~e X, Section 6(a)(6) of the Constitution of Virginia, organizations must~ all (a) (b) request a written determinat~on from the CommisSioner of revenue whether the organiz&tion is tax-exempt by classification or designation under the Cods of Virginia; notify the City Clerk, in writing, of the organization's intent to sssk new or addit~onal space for its activ~tlss, such notice shall be given 45 days prior to tho organizatlon,s entering into any contract for the purchase of real property for which it intends to sssk tax-exempt designation; (c) agree to pay to the City an annual service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to the real property of the organization, in the City of Roanoke, wsrs the organization not exempt from such tsxation, for so long ss the organizstion's real property is exempted free State and local taxation; (d) subeit to the City Manager dstslled answers to the questions sat forth in sublaction B of S30-19.04 of the Code of Vlrginl& (1950}, as amended, such answers must bo su):~mitted no later than November 15 in order to receive a resolution to bo considered by the next session of the General Assambly~ and (s) file a petition for tax-exempt status with City Council at least sixty (60) days in advance of the first day of the next session of the General Assembly, 2, If the Council adopts a resolution supporting an organizatlon,s request of the General Assembly, and the request £s granted= (e) Cite value of all exempted taxes shall bo deducted from any funding provided by the City to the orgen~sation; and (b) tho COmmissioner of Revenue and the Office of Reel Estate Va~uetion will monitor the tax-exempt status o£ the p~operty through the use ofz (1) biennial application for tax-exemption; end (2) ~egu~a~ use compliance c~ecks by Off~ce of Rea~ £s~a~e Valuation. ATTEST: City Clerk. ATTACHMENT B MARY E PARKER, CMC/AAE Cit~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 FEB 1996 {~.s ~'llil~l)RA ~. EAKIN "~ ~--Deputy Eity Clerk February 22, 1996 File ~67-79-137-169 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am enclosing copy of a petition from the Northwest Recreation Club, Inc., requesting adoption of a Resolution in support of the organization's request to obtain tax-exempt status from the General Assembly of Virginia on certain real property located at 1529 Williamson Road, N. W., in the City of Roanoke, which petition was before the Council of the City of Roanoke at a regular meeting held on Tuesday, February 20, 1996. On motion, duly seconded and adopted, the matter was referred to you for study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: James R. Cronwvell, Attorney, Vogel & Cromwell, L.L.C., P. O. Box 18188, Roanoke, Virginia 24014 Wilburn C. Dibling, Jr., City Attorney VOGEL & CROMWELL, L.L,C. VIRGINIA: RE: IN THE COUNCIL OF THE CITY OF ROANOKE PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FRO9 REAL ESTATE TAX3kTION OF THE PROPERTY OF NORTHWEST RECREATION CLUB, INC. PURSUANT TO ARTICLE X, SECTION 6(a) (6) OF THE CONSTITUTION OF VIRGINIA Northwest Recreation Club, Inc., by counsel, states as follows for its petition for a resolution supporting the exemption from real estate taxation of the property of Northwest Recreation Club, Inc., pursuant to Article X, Section 6(a) (6) of the Constitution of Virginia. 1. Northwest Recreation Club, Inc., a Virginia non-stock, not-for-profit, corporation, is the owner of certain real property located at 1529 Williamson Road, N.E., being Lots 6, 14, and 15, Block 1, Survey No. Nos. 3070707, 3070714, 3070715 of the City of Roanoke, a plat 13, 1, Oakland, and being Official and 3070716 on the appraisal maps showing the approximate boundaries of said property being attached hereto. 2. The Petitioner maintains on said property a building used for offices and meeting facilities for Northwest Recreation Club, Inc., an organization with the following purposes: A. To promote and sponsor athletic activities among the boys and girls of the community of Northwest Roanoke and its environs. B. To promote and sponsor such other activities, both athletic and recreational, for the benefit of the boys MW OFFICES VOGEL & CROMWELL, L.L.C. ROANOKE, VIRGINIA and girls of the community of Northwest and its environs as may from time to time be deemed advisable. C. To cultivate and encourage sportsmanship and fair play among the boys and girls in the activities of the organization. D. To cultivate a spirit of helpful cooperation among its members. E. These objects will be achieved by providing supervised competitive athletic events, as well as providing educational assistance. Supervisors shall bear in mind that the attainment of exceptional athletic skill or winning of the games is secondary and the physical and mental growth of the boys and girls is of prime importance. The facility is also used 8 to 10 evenings a month to conduct a bingo game, the principal fund raiser for Northwest Recreation Club, Inc. 3. Your Petitioner desires to be an organization designated by a section within Article 4, Section 58.1-3650 et seq. of the Code of Virginia of 1950, as amended, in order that the aforesaid real property and any personal property installed therein, and used exclusively for the foregoing charitable and benevolent purposes, be exempt from taxation under the provisions of Articl~ X, Section 6(1) (6) of the Constitution of Virginia, so long as your Petitioner and said facility is operated not for profit and the property so exempted is used in accordance with the purpose for which your Petitioner is classified. LAW OFFICES VOGEL & CROMWELL, L.L.C. ROANOKE, VIRGINIA 4. The Petitioner requests that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of Section 30-19.04(B) of the Code of Virginia of 1950, as amended, after holding a public hearing with respect thereto, where citizens shall have an opportunity to be heard in order that legislation involving the designation of such property to be exempted from taxation pursuant ~o Article X., Section 6(a) (6) of the Constitution of Virginia may be presented to the General Assembly of Virginia. Pursuant to Section 30-19.04(B) of the code, the following questions are submitted for consideration: 1. Whether the organization is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Cod~ of 1954. (A). The Petitioner is exempt from taxation pursuant to section 501(c) (3) of the Internal Revenue Code. See attached documents verifying this exemption. 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A). No alcoholic beverage license has been or will be requested or issued for use on the referenced property. LAW OFFICES VOGEL & CROMWELL, L.L.C. ROANOKE. VIRGINIA (A) . (A) . Whether any director or officer of the organization has been paid compensation in excess of reasonable allowances for salaries or other compensation for personal services which such director or officer actually rendered. No officers or directors of your Petitioner are paid compensation iii excess of reasonable allowances for salaries or other compensation for personal services actually rendered. Whether any part of the net earnings of such organization inures to the benefit of any individual and whether any significant portion of the services provided by such organization is generated by funds received by donations, contributions or local, state or federal grants. As used in this subsection donations shall include the providing of personal services or the contribution of in kind or other material services. No part of the net earnings of your Petitioner inures to the benefit of any individual. Apart from time donated by members, no significant portion of the service provided by your Petitioner is generated by funds received from donations, contribution or local, state or federal grants. VOGEL & CROMWELL. L.L.C. o (A) . (A) . (A) . Whether the organization provides services for the common good of the public The Petitioner provides and will provide services for the common good of the public in a number of respects. The building provides offices and meeting rooms to facilitate the purposes enumerated in paragraph 2, above. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting, to influence legislation and whether the organization participates in, or intervene~ in, any political campaign on behalf of any candidate for public office. The Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. No rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. No rule, regulation, policy or practice of the Petitioner discriminates on the basis of religious conviction, race, color, sex or national origin. LAW OFFICES VOGEL & CRONSVELL, L.L.C. ROANOKE, VIRGINIA (A) . 9 o The revenue impact to Roanoke and its taxpayers of exempting the property. No significant impact is anticipated as a result of the exemption. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. (A). The Petitioner is aware of no such criteria, facts or circumstances. 5. It is also agreed that any resolutions or ordinance adopted by Council granting this petition, may provide for the payment to the City of Roanoke of twenty percent (20%) of what the real estate tax levy would have been on the real property to be exempted from taxation in lieu of such tax. WHEREFORE, the Petitioner, Northwest Recreation Club, Inc., respectfully re.quests of the Council of the City of Roanoke (1) that a resolution be adopted pursuant to Section 30-19.04 of the Code of Virginia stating the provisions of Subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, Section 6(a) (6) of the Constitution of Virginia at a public hearing at which VOGEL& CROMWELL, L.L.C. citizens will have had an opportunity to be heard and (2) that a recommendation be made to the General Assembly of Virginia that the real property and the personal property of the Petitioner be designated by a Section within Article IV, Section 58.1-3650 et ~L~. exempting the real and personal property of the Petitioner from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of offices and meeting facilities for Northwest Recreation Club, Inc., and (3) that a twenty percent (20%) payment to the City of Roanoke may be approved in lieu of the ta~ that would have been levied on the exempted property. I/~/~es R. Cromwell, Esquire ~/Post Office Box 18188 Roanoke, Virginia 24014 (540) 982-1220 Counsel for Petitioner Respectfully submitted, NORTHWEST RECREATION CLUB, ~Its President INC. INTERNAL REVENUE SERVICE DISTRICT DIRECTOR 31 HOPKINS PLAZA BALTIMORE, MO 21201 DEPARTMENT OF THE TREASURY Oate: JUL 111 NORTHWEST RECREATION CLUB P 0 BOX 6232 ROANOKE, VA 24017 Eatployer Identification Number: 54-1457196 Contact Person: HR. E. S. THORFINNSSON, JR. Contact Tel~phone Number: (301) 962-4779 Accounting Period Endi.g; F,:,~m c'?O Require,'!; DC.ar Applicant: Based on inf¢,l'mati,:,n supp! ied~ and. as~ming ;.'our ,:,per,~tions ~.~ill be as stated in your' ~;ppficati,:,h for' reco,~!nition .:.f exemption, ~.~e have determined yo~ ar,~ e):(.lliD~ from f-ederai in,:ome ;..a): ,.~d,.,r section 5(~t(a) of the lnterna! Reven~e Code as an ,)rgani;Tatio~: dei;frib~:d i~ section 501(c)(3). We have further determined thai, you a~e not a private foundation Hiti~in the aieaning of ;.action 509(a) of th,:. Cod*'o, because you are an organization described in section 509(a)(2). If your sources of support, or your p.rposes, character, or method of operation change, please let us kno~ so ~e can consider the effect of the change on your e~empt status and foundation statu~;. I~i the case of an amend- ment to your organizational document or byla~s, please send us a copy of the amended document or bylaws. Also~ you should inform u~ of all changes in your name or address. As of January 1~ 1784~ yon are liable for taxes under the Federal Iusurance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each of your employees during a calendar year. You are not liable for the ta~ imposed under the Federal Unemployment Tax Act (FUTA~. Since you are not a private foundation~ you are not subject to the excise taxes under Chapter 42 of the Code. HaNover, you are not automatically exempt from other Federal excise taxes. If you have any questions about axe;se, employment, or other Federal ta~es, please let us kno~. Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. HoHever, if you lose your section 507(a)(£) status, a grantor or contri~utor may not rely on this determination if he or she Has in part responsible for, or ~as awar= ot~ the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status~ or if he or she acquired I(n.~41edge that the Internal Revenue ~;ervice had given notice tnac 7,:,u ~.~o~lld no longer be classified a~ a section 50V(a)(2) organizati,:,n. Letter ;47 NORTHWEST RECREATION CLUB INC Donors may deduct contributions to you as provided in section 170 ~ the Code. Bequests~ legacies, devises, transfers~ or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the a?Dlicable provi~ions of ~c, de .:ectinns 205!~, 2106~ and 2522. Ceutrib~i;ion deductiens a~',e al~c,~.~al) le to don,~rs only to the extent that · ;heir ,::c, ntributic, ns ~re gifts, ~qitl, no (,~nsidera[i,:,n r~"ceived. Ticket put- :,ses end ~(.7ess,';ril,/ qus!Jfy ~s dg,'hlctlbi~, :.:.ntrih~t~ons~ .-;epending ,'m the ~'irc~m- stances. ';:.m Revenu.':' Ruling page 104~ ~.~hi~h sets f,:,rth ~id~.~ines. reg~rdir, g the deductibility~ as ch~.,-~- t.~ble contributions, of payments made by t~xpayer~ for adm~ssi,:m to or ,,ther participati,:m i~t fundraising ar~ivities for charity. In the h_~.,i~:g of this [et";.er ~ h:.v~, i.~(;icatc, d whether you r~ust file Form '~?0, Return of Organizati,:m Exer,~pt Fr,:,a, income Tax. Ye~ is indic;~ed, are required t,:, file Form 990 ,.,nly ~ y,:..~r gross recoilers each year arc ¢,,:,~mally more than S25,000. H,:,wev;'.~ ~ ~'f you receive a Forn~ 990 pack,~ge i~ the m~il, please., file the ?ett~rn even i~ yon do uot exceed the gross receipt5 I~ you are ~ot r'eq~ired to fii~, simoly ~t;ach thr? lab,~l provided, ch~ck the box i~ the heading to indicate that yo~r a~nual gross receipts are $2~,000 or ~ess, and sig~ the ret~r'a. If a return is required~ it must be filed by the 15th day of the fifth m,:mth after the end of your annual accounting period. A penalty of $10 a day is charged $~hen a return is filed late, unless there is reasonable cause for the delay. However, the maximum penalty charged cannot exceed $5,000 or 5 per- cent of your gross receipts fo~ the year, Whichever is less. This penalty may also be charged if a return is not complete, so please be sure your return is complete before you file it. YoU are not required to file Federal income tax returns unless you are s~bject to the tax on unrelated business income under ~ection 51! of the Code. If you are subject to this tax, you must file an i0come tax return o~ Form 9?O-T, Exempt Organization Business Income Tax Return. In this letter we are not determining whether any of your pre~ent or proposed activities are unre- lated trade or business an defined in section 513 of the Code. You need an employer identification number even if you have no omployee~. [~ an employer identification number was not entered on your application~ a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence ~ith the Internal This determination is based on evidence that your fund~ are dedicated to the purposes listed in section 501(c)(3) of the Code. To assure your continued exemptione you should maintain records I;o sho~l that funds are expended only for tho~e purpose:s. ~f you distribute funds t.o other ,:.ganizations, yr.,ur records should ~how ~hether they are exempt under' NORTHWEST RECREATION CLUB INC -3- section $01(c)(3). In cases ~ahere the recipient organization is not exempt under section §01(c)(3)~ there should be evidence that the funds ~ill r~main dedicated to the required purposes and that they Hill be used for those purposes by the recipient. If distributions are made to individuals~ case histories regarding the recipients should be kept sho~ing n~mes~ addresses, purp,~se~ of aHards, ,:,i' selection, relationship (if any) to members, officers, trustees or 'Funds ~o y,:~ s~ that any ~nd ~;1! distrihutions m~de ~o individual~ can b~. ~.bst~ntiat~d upc, n i'equesi; by t:he ~nternal Revenue Service. (Revenu,~ 56-30~:, C.~:. I~6-2, page 306.) If i~e have indicated in the heading of this letter that an addenou~ at, plies, th~ enclosed addendum is an integral part of this letter. 9e. caust, this letter cot~ld help resolve any questions about your sl;atus and ~'onndation status, you shouJd keel) it in your permanent recorQs. you haw'. any questions~ please contact the person ~hose name and t,)leph,:,ne ,~lml)er' are shoHn in ~;he heading c,f this letter. Sincerely yours, Vl:istrict I)irector Addendum NORTHWEST RECREATION CLUB INC -4- You are requJred to make available for public inspection a copy c,T-your exemption application, and supporting documents, and this exemption letter. you are required to file an annual information return, you are aisc, required to ~ake a copy of the return available for public inspection for three year's the return is due. Failure to r, take these docu~ent.:s available for i¥~spection may oub.ject you to ~4 pen.airy of $10 per day.for each day ~> - failure to comply (up maxin~um ,:,f ~5~000 ~n the case -f a~) al~nual ?et.~n). II~e~.a~ Re,.,en~' Service [~,:,tic,:, ~" $' ~" ''~ L~.. 454 fc,~- additive..: i~forma:ion. G~idelines under ~.~hi(:h private fou~)dati,)ns ~oy reiv c,~ ti) is d~:ermination, for gifts, grants, g~:d cohtrihuti,>ns *~ade after Narcn 13, s~ere liberalized and published in R,~v. F'Ko(:. 87'-2g~ Cumulative Bulletin page ~44. NOT BE~ VERIFIED BY LoT 5 PLAT SHOWING PROPERTY TO BE COWVEYED TO NORTIS/EST RECREATION CLUB, INC. 0 BEING TS 6, 13, 14 & 150 BLOCN 1, SURVEY NO 1, OAKLAND (P.B. 10 PAGES 296-299) ROANOKE, VIRGINIA 4 Ad Number: 51262803 Publisher's Fee: $82.80 MARY F. PARKER, CITY CLE ROOM 456, MUNICIPAL BUIL 215 CHURCH AVENUE, S.W. ROANOKE, VA 24011-1536 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 05/12/96 FULL RUN - Sunday Witness, this 13th day of May 1996 Authorized Signature NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on May 20, 1996, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia on the question of adoption of resolutions pursuant to § 30-19.04, Code of Virginia (1950), as amended, on the requests of Northwest Recreation Club, Inc. and AMVETS-Post #40 for designation of property to be exempted from taxation. The real estate assessed value for 1995/1996 on the Northwest Recreation Club, Inc.'s real property is $273,800, with a real estate tax assessment of $3,367.72. The personal property assessed value for 1995/1996 on Northwest Recreation Club, Inc. is $7,265, with a personal property tax assessment of $275.70. The real estate assessed value for 1995/1996 on AMVETS' real property is $175,600, with a real estate tax assessment of $2,159.88. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 2nd day of May, 1996. Mary F. Parker, City Clerk. NOTE TO PUBLISHER: Please publish once in the Roanoke Times on Sunday, May 12, 1996. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk May 22, 1996 File #79-137-165-169 Kenneth C. King, Jr., Attorney King & Higgs, P.C. 30 Franklin Road, S. W. Suite 400 Roanoke, Virginia 24011 Dear Mr. King: I am enclosing copy of Resolution No. 32958-052096 supporting tax exemption of property located at 911 Tazewell Avenue, S. E., in the City of Roanoke, owned by AMVETS- Post fi-40, and used by it exclusively for charitable or benevolent purposes on a non-profit basis. Resolution No. 32958-052096 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 1996. Pursuant to Paragraph 4, I am directed to forward an attested copy of the abovereferenced measure to the Commissioner of the Revenue and the City Treasurer for the purpose of assessment and collection, respectively, of the service charge established by Resolution No. 32958-052096. The Resolution will be in full force and effect at such time as a copy, duly signed by an authorized officer of AMVETS - Post #40 has been filed with the City Clerk. It will be necessary for you to contact either Delegate Clifton A. Woodrum, III, or Delegate A. Victor Thomas to request that a bill be introduced at the 1997 Session of the General Assembly. Sincerely, Mary F. Parker, CMC/A~E City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 1996. No. 32958-052096. A RESOLUTION supporting tax exemption of property in the City of Roanoke owned by AMVETS-Post #40 and used by it exclusively for patriotic, charitable or benevolent purposes on a non-profit basis. WHEREAS, AMVETS-Post #40, (hereinafter "the Applicant") has petitioned this Council for support of a bill to be introduced at the 1997 Session of the General Assembly to exempt certain property of the Applicant from taxation pursuant to Article X, S6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on May 20, 1996; W~EREAS, the provisions of subsection B of S30-19.04, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, from taxation the Applicant agrees that the property to be exempt is the personal property of the Applicant and the buildings and as much land as is reasonably necessary to the use of its buildings, providing such personal and real property shall be used by the Applicant exclusively for patriotic, charitable or benevolent purposes on a non-profit basis; and WHEREAS, in consideration of Council's adoption of this Resolution and Council's support of a bill hereinafter described in Paragraph 1 to be introduced on behalf of the Applicant at the 1997 Session of the General Assembly, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to real property of the Applicant were the Applicant not exempt from such taxation, for so long as the applicant's real property is exempted from State and local taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council supports a bill to be introduced at the 1997 Session of the General Assembly whereby AMVETS-Post #40, a non- profit organization, seeks to be classified and designated a patriotic, charitable or.benevolent organization within the context of S6(a)(6) of Article X of the Constitution of Virginia, and whereby property owned by the Applicant, which is used by it exclusively for patriotic, charitable or benevolent purposes on a non-profit basis, shall be exempt from State and local taxation. 2. In consideration of Council's adoption of this Resolution and Council's support of the bill described in Paragraph 1 of this Resolution to be introduced at the 1997 Session of the General Assembly, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to real property of the Applicant, in the City of Roanoke, were the Applicant not exempt from State and local taxation, for so long as the Applicant is exempted from State and local taxation. 3. In adopting this Resolution, the Council has examined and considered the provisions of Subsection B of S30-19.04, Code of Virginia ~1950), as amended, and pursuant to Subsection C of the same section, Council recognizes that the Applicant owns real property currently assessed at $175,600.00, representing a real property tax liability of $2,159.88 for the 1995-96 tax year, and Council recommends to the General Assembly that the specific classification shall be patriotic, benevolent or charitable. 4. The City Clerk is directed to forward an attested copy of this Resolution to the Commissioner of the Revenue and the City Treasurer for purpose of assessment and collection, respectively, of the service charge established by this Resolution, and to Kenneth C. King, Jr., counsel for the Applicant. 5. This Resolution shall be in full force and effect at such time as a copy, duly signed by an authorized officer of the Applicant, has been filed with the City Clerk. ATTE ST: F/~t~ Clty Clerk. ACCEPTED, AGREED TO and EXECUTED by AMVETS-Post #40, day of , 19 AMVETS-Post #40 By Title this (SEAL) May 20, 1996 Report ~96-12 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Request for Support for Tax Exempt Status from AMVETS-Post#40 II. III. ~ is the owner of certain mai property located at 91.1 Tazewell Avenue, at the southeast corner of Tazewell Avenue and 9th Street (Tax Map Numbers 4112101 and 4112102). This property has a real estate assessed value for 1995/96 of $175,600, with a real estate tax assessment of $2,159.88. Bo - petitioned City Council on November 16, 1995, requesting adoption of a Resolution in support of the organization obtaining tax exempt status from the General Assembly on property located in the City of Roanoke. - requested City Council defer the November 16, 1995, petition for the 1997 legislative session of the Virginia General Assembly. City Council adopted Resolution No. 30884-021892 on February 18, 1992, to establish guidelines for organizations seeking support for exemption from taxation. (See Attachment A). Notification of a Public Hearing to be held on May 20, 1996, was advertised in the Roanoke Times on Sunday, May 12, 1996. Issues: A. Compliance with City Policy. C. Cost to City. D. Determination by Commiasioner of the Revenue. Members of City Council Page 2 May 20, 1996 City Council _erant the request of AMVETS-Post //40 for Council support of AMVETS' request to the 1997 General Assembly to be designated exempt from taxation pursuant to Article X, Section 6 (a)6 of the Constitution of Virginia. Compliance with City Policy has been met through the filing of AMVETS' petition (See Attachment B). ~is met as AMVETS-Post #40 provides assistance to fire and flood victims and Christmas food baskets for the needy. AMVETS also serves the community by supporting AMVETS Against Drag/Alcohol Abuse, Operation Driver Excellence, blood donor programs, bicycle safety programs, get-out-the vote programs, and Americanism through essay contests in schools. Cost to the City will be $1,727.91 in property taxes. The actual tax, before exemption, would be $2,159.88. A twenty percent (20%) service charge will be levied by the City in lieu of real estate taxes. The 20% service charge for Fiscal Year 95/96 will be $431.97. The difference between the actual tax and the service charge levied is the cost to the City. Commissioner of Revenue, Ms. Marsha Compton Fielder, has determined that the organization is not tax exempt by classification or designation under the Code of Virginia. City Council deny request of AMVETS-Post #40 for Council support of AMVETS' request to the 1997 General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)6 of the Constitution of Virginia. Compliance with City Policy has been met through the filing of AMVETS' petition (See Attachment B). ~would probably not be affected. Cost to the City will not be an issue. Determination by Commissioner of RevemJe will remain unchanged. Members of City Council Page 3 May 20, 1996 City Council concur in Alternative "A" to grant the request of AMVETS-Post #40, for Council support of their request to the 1997 General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)6 of the Constitution of Virginia. WRH:LJF/lf Attachment Respectfully submitted, W. Robert Herbert City Manager Marsha Compton Fielder, Commissioner of Revenue Gordon E. Peters, City Treasurer Barry L. Key, Manager, Office of Management and Budget James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney James D. Gfisso, Director of Finance ATTACHMENT A IN THE COUNCI~ FOR THE CITY OF ROANOKE, VIRGINIA, The lSth Day of February, 1992. No. 30884-021892. A RESOLUTION establishing the policy of the City with respect to supporting requests of certain non-profit organizations to exempt certain property from taxation pursuant to Article X, S6(a}(6) of the Constitution of Virginia. WHEREAS, this Council from time to time, hal been requested to adopt a resolution in support of a non-profit 6rgenizations request of the General Assembly to be designated exempt from taxation pursuant to A~ticle X, Section 6(a)(6) of tho Constitution of Virginia; WHEREAS, this Council has not heretofore adopted any policy conditions under which Council wiXX SuppOL'~ an rocluest fo= t&x-exompt status; WHEREAS, & written policy will assist Council organizations in co~ldaring whether an organization should be given Council's support of its request for tax exempt status, and a writtenpolicyalso will help to insure t~ aX~ similarly situated organizations ere treated unX£o~lXy~ THIRII~, ~ IT ~L~D ~ the C~cll of ~he City of R~oke el ~OIIM~ I. ~c egg~Cive~rch X, X992, as · co~ltXon ~o r~eivlflg X, Section 6(a)($) of =he Constitution of virginia, all organizations must: (b) request a written determination from the Commissioner of revenue whether the organization Is tax-exempt by classification or designation under =he Code of Virginia; notify the City Clerk, in writing, of the organization's intent to seek new or additional space for its activities, such notice shall be given 45 days prior to the organization's entering into any contract for the purchase of real property for which It Intends to seek tax-exempt designation; (c) (d) (e) agree to pay to the City an annual service charge in an amount ~luai to twenty percent (20%) of the City of Roanoke real estate tax levy, which would be applicable to the rial pro~rty of the organization, in the City of Roanoke, were =he organization not exempt from such taxation, for so long as the organization's reel property is exempted from State and local taxation; submit to the City Manager detailed answers to the questions set forth In subsection B of S30-19.04 of the Code of Virginia (1PS0), as amended, such answers must be sublitted no later than November 15 In order to receive a resolution to be considered by the next lellion of the General Assembly; and file a 9etition for tax-exempt status with City Council et least sixty (60) days in advance of the first d~y of the next session of the General Assembly, 2. If the Council adopts a resolution supporting an organization's request of the General Assembly, and the request £s granted= (a) ~ho value of ell exempted taxes shall be deducted from any funding provided by the City to the organization; and (b) the Commissioner of Revenue and the Office of Real Estate Valua~lon will monitor the tax-exempt status of the prope~y through the use of: (1) biennial application for tax-exemption; and (2) regular use compliance checks by the Off~ce of Real £state Valuation. ATTEST: Cl=y Clerk. KENNETH C. KINO, JR. STEV~N L. HIGG$ FRED£R]CK T. SCHUB~:RT, 1! KING & HIGGS, P.C. Attorneys and Counselor~ at Law 30 FRANKLIN ROAD, SOUTH~F. ST T~LI~PHONE (540) 985-0736 FAC~IMILI~ (540) 985-0742 ATTACHMENT B MAILING ADDRESS POST OFFICE BOX 1784 ROANOKE, V~ROINIA 24008- 1784 December 7, 1995 The Honorable Mayor and Members of Council of the City of Roanoke c/o Mary F. Parker, Clerk 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24016-1536 RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTIONS FROM TAXATION FOR AMVETS-POST #40, JOHN HARVEY MEMORIAL Dear Mayor and Members of Council: Please consider the Petition filed November 16, 1995 on behalf of AMVETS-Post #40, John Harvey Memorial, for the 1997 legislative session of the Virginia General Assembly. Pursuant to City Ordinance 30884-012892, we began the process of fulfilling the first condition of a request for determination from the Commissioner of Revenue by letter of June 13, 1995. Regrettably, the information from the Commissioner of Revenue necessary to fulfill that criteria was not received until after the 60 day limitation of Paragraph (e) of that ordinance. Accordingly, a deferral of the Petition to the next session of the General Assembly would be appropriate. Sincerely, KING & HIGGS, P.C. Kenneth C. King, Jr. For the Firm KCK/tgm c: Phillip F. Sparks, Director of Economic Development W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney The Honorable Marsha Compton Fielder, Commissioner of Revenue AMVETS-Post #40, John Harvey Memorial Our File No. 91012/4/7.3 (540) 98S-07~6 ~x~ P~'~' OmCE ~7~ The Honorable Mayor and Members of Council of the City of Roanoke c/o Mary F. Parker, Clerk 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24016-1536 Nn~u 2 ~ 1995 Roanoke C~ty Office of Economic Development RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTIONS FROM TAXATION FOR AMVETS-POST #40, JOHN HARVEY MEMORIAL Dear Mayor and Members of Council: Enclosed please find a Petition for a Resolution Supporting the Exemption from Taxation for AMVETS-Post #40, John Harvey Memorial, for your consideration. If additional information ia required, Dlease do not hesitate to contaot me. With best regards, I am Very truly yours, KING & HIGGS, P.C. Kenneth C. King, Jr. For the Firm KCK/t~m Enclosure c: AMVETS-Post #40, John Harvey Memorial (w/enclosure) Our File No. 91012/4/16.6 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM TAXATION OF A CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a) (6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, AMVETS-Post #40, John Harvey Memorial, a Virginia, non-stock, not for profit corporation, is the owner of certain real property located on the southeast corner of Tazewell Avenue and 9th Street, S.E., which property is more particularly described on Exhibit "A" attached hereto. 2. Your Petitioner desires to be an organization designated by a section within Article 4, ~58.1-3650 et.se~, of the 1950 Code of Virginia, as amended, in order that the referenced real property used exclusively.as a patriotic post home for AMVETS-Post #40, John Harvey Memorial, a' local post for AMVETS (AMERICAN VETERANS OF WORLD WAR II, KOREA AND VIETNAM), be exempt from taxation under the provisions of Article X, ~ 6(a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which your Petitioner is classified. 3. Your Petitioner respectfully requests that the Council of the city of Roanoke adopt a resolution in accordance with the requirements of ~30-19.04 (B) of the 1950 Code of Virginia, as amended, after holding a public hearing with respect thereto where citizens shall have an opportunity to be heard in order that legislation involving the designation of property to be exempted from taxation pursuant to Article X, S 6(a) (6) of the Constitution of Virginia may be presented to the General Assembly of Virginia. In compliance with S30-19.04 (B) the following questions are submitted for consideration: Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A) Yes, on May 22, 1945, a group exemption was issued and under the 1954 Code, the organization is a 501(c) (4) exempt organization. Please see Exhibit "B" attached hereto. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property. (A) Yes, a beer "on premises" Patriotic Club License is in effect for the period July 1, 1995 through June 30, 1996. Whether any director or officer of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director or officer actually renders. (A) No. 4e Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in kind or other material services. (A) No part of the net earnings of your Petitioner inures to the benefit of any individual and no significant portion of the service provided by your Petitioner is generated by local, state or federal grants. Your Petitioner provides services primarily through the generation of donations and contributions. 5. Whether the organization provides services for the common good (A) (c) of the public. Yes. In the last 24 months, your Petitioner has donated over $29,000.00 to veterans' care and community welfare. This assistance has been both in cash and in kind in the form of assisting fire and flood victims, donating wheelchairs and beds to the Veterans Administration Hospital in Salem, Virginia, Christmas food baskets for the needy of Roanoke, ward parties at the Veterans Administration Hospital in Salem, Virginia, and as a sponsor of the yearly patients' carnival at the Veterans Administration Hospital in Salem, Virginia. Your Petitioner also donates the Post meeting rooms to the Purple Heart Association and to community wedding receptions. AMVETS-Post #40 is one of over 1,300 Posts nationwide serving the community in many ways, including: i. Supporting a group awareness program entitled A.A.D.A.A. (AMVETS Against Drug/Alcohol Abuse). ii. Awarding more than $40,000.00 in scholarships to children of America's war veterans. iii. "Operation Driver Excellence" which stresses traffic safety through a series of nationwide competitive driving events with the winners of the National Competition receiving $25,000.00 in prizes and scholarships. iv. Blood donor programs, bicycle safety programs, and get-out-the vote programs. v. PromotingAmericanism through essay contests in schools. Encouraging participation of every family member in its programs, including: i. AMVETS Auxiliary, assisting AMVETS in their programs and initiating civic programs of their OWl~. ii. Sons of AMVETS, a subsidiary for adult non- veteran sons and grandsons of AMVETS members. iii. Junior AMVETS, special group of sons and daughters of AMVETS from 7 to 17 years old assisting in volunteer services and youth programs. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A) Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. No rule, regulation, policy, or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A) No rule, regulation, policy or practice of your Petitioner discriminates on the basis of religious conviction, race, color, sex or national origin. The revenue impact to the locality and its taxpayers of exempting the property. (A) No significant impact is anticipated as a result of the exemption. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. (A) AMVETS-Post #40 isa patriotic, community developing organization of citizen solders whose personal commitment to our welfare, peace and the privileges of citizenship has been proven on the field of battle in three wars. (B) AMVETS-Post #40 has been an active contributor in our community since 1980, when it was organized. It's commitment through its several programs over the years exceeds $100,000.00. WHEREFORE, your Petitioner AMVETS-Post #40, John Harvey Memorial, respectfully requests to the Council of the City of Roanoke (1) that a resolution be adopted pursuant to §30-19.04 of the Code of Virginia stating the provisions of subsection B of that Code section have been examined and considered in conjunction with this petition seeking the designation of property to be exempted from taxation pursuant to Article X, S6(a) (6) of the Constitution of Virginia at a public hearing at which citizens have had an opportunity to be heard and (2) that a recommendation be made to the General Assembly of Virginia that the real and personal property of your Petitioner be designated by a Section within Article IV, S48.1-3650 et sea. exempting the real and personal property of your Petitioner from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of as a patriotic post home for AMVETS-Post ~40, John Harvey Memorial, a local post for AMVETS (AMERICAN VETERANS OF WORLD WAR II, KOREA AND VIETNAM). Respectfully submitted, AMVETS-Post #40, John Harvey Memorial ~ts Comm~nder KING & HIGGS, P.C. Kenneth C. King, Jr. Post Office Box 1784 Roanoke, Virginia 24008-1784 (540) 985-0736 Counsel for AMVETS-Poet $40, John Harvey Memorial 5 CITY OF ROANOKE, STATE OF VIRGINIA, TO-WIT: PARCEL I BEGINNING at the S.E. corner to Tazewell Ave., and Belmont Boulevard; thence with Belmont Boulevard in a southerly direction 130 feet to an alley; thence with said alley in an easterly direction 40 feet to a point on same; thence in a northerly direction 130 feet to Tazewell Avenue; thence with Tazewell Avenue in a westerly direction 40 feet to Belmont Boulevard, the place of BEGINNING, and known as Lot 1, Section 4, map of the Belmont Land Company. NEW Lot 5-A as shown on plat dated March 13, 1992, prepared by Jack G. Bess, Certified Land Surveyor, showing the resubdivision and combination of property belonging to Jackie L. Fuller and Iris N. Fuller, being original Lots 2, 3, and 4 and part of Lot 5, Block 4, Map of Belmont and creating New Lot §-A (0.454 Acres) and recorded in the Clerk's Office of the Circuit Court for Roanoke City, Virginia, in Map Book 1, page 1123. ~I TH. 5TI.ZE ET, 5.F__. J~cK L. FULLER ~. IRis M. FULLEP-, ~entXomeu! AMVET$ (Amerloan Yeterama World Yar iX) A~VET$ National Headquarters 66&7 Forbes Boulevard Lanham, ~ory[and 20706 (3OI) 459-g600 Of Ye have considered your apPlioation t fr. oup ezemptLon of Nay 22- o$~ &- ..- . o ~od~fy Your exz additional oa e------'-[' ~' -. ~ne extent or holdin e aV~Aea 91 ~ou~ sueordinate or a namely~ A~8 De~ r~ ~ .... g ntaat~one A~S ~e~o ~_ _a_ me:.._Se~, rou~atlons i rrom ~deral income tax .... ~ ~ ~'GAO oaoKetteoi exempt ~0~(o)(~) OF ~he Zn~ornaZ Revenue Code oF Zn our ruling de,ed ~F 220 ~$~ ~d u~er Four Former name- A --~ ...... ' ro~aed ~o y~u a~ Four subordinate noeto ....... oF Io~Zd War a~ ehae else ~ere'he~d So'be ex~a~z~ ~n_Z~eee .ub~itte4 Reyonuo Code o~ lO~o ....... on 101(8) or the Znterqal Rove.ua O~e or ~, .~: .eerie. J0l(e)(b) or abe I.~. ~,, rebruar 1 you, u~er Four preeen ne-- _ _~..~, 19~, we issued to =a~c unaer ,e~eLon Zoz(8) or ~3~ Code, nov eeQelon 5OZ(o)(b) or ehe Z~ Co~e. On ehe ba.L. or LnrorBae~o. ehae ~ou ha~e su~XLed ~he Zls~a o~ ~e~, de~men~., dLser~oes and counoL2s ha~e been broulh~ up to'd~e ~ ye have La ruZLnl~ ~oZdt~ ~hoBe o .~ ...~ ..... sued ~a~ on ~he inrormaeLon suppZied, ye ruXe subordLna~e A~Z Oeoartlene ~---- ..... your ~uzlliartes, A~ Sad Stoke _...--.-- ~r~ttone, A~S ~n ~uo ~roup ezempczon rooter you oubMttod are exempt From federal lnoomo taz under oo~tAon ~01(c)(~) oF ~he Ale;ETS (American Veterans of ¥orld Yet TX) -2- XnternaX Revenue Code, Contributions to them are deductible as provided in section 170 of the Code. To the extent that this ruling ie inconsistent with thom, it modifies our rulings issued to you on Nay 22, 19~5, arid ou February 15, ~3~ls ruling does not extend to any subordinate unit which has previously recelveda ruling or determination letter holdinf it not exempt. Its qualifications to bm included in this group ruling must bo separately established. This rulinf does not extend to any subordinate unit which has previously received an individual ruliflf or determination letter holdinf it exempt under · subsection of tho Code other than foolish ~0l(o)(~) or its predecessors. 1~0 subordinates are not required to file a Form 1120 iflooms tax return, Ss subordinates are required to file in annual information return, Form 990. If you do not include tho subordinates in a group return, each met file thio return by tho 15th day of the fifth month after lie annual accounting period OlOsel. hob of the subordinates is liable for taxes imposed under the Federal Iflourenoe Contributions Act (social security taxes), and for tho tax imposed under the Federal Unemployment Tax Act if it has four or more individuals in its employ. Any questions concerning excise, employment, or other Federal taxes should bo submitted to your District Director. You should advise each of the subordinates of tho provisions of this ruling0 including the requirement for filing information or other re,urns, This ~ullng supersedes and terminates tho individual rulings of exemption in their individual names which were ISlUOd tu tiao folluVllli~ lintel :lill)oFdhilaLl~ .rC,iliJ~.~ll. itenel A~vots National Service Foundation0 Yaehinftont D, C.0 and Amvots Service Foundation, 5prlflgfiold~ ~lllfloie. You should, therefore, edvise them eccnrdincly. (American Veterans of ¥orld Var II) Each year0 within b5 days offer your annual aooou.~Lug period closes, please send uS two copies of tho follovtn~ infnrmation about your subordLnstes. A etatemen~ desnribi.g an), changes during tho year in the IxlrpGsea, character, or method of operation of your subordinates. ~ lto~ GE the names, mailing address*se including .ZIP Codas, and employer l,Jenti;ieatlon number (IF required for group exemption letter purposes) of subordinates on your group exemption ros~or thmt during the yeer~ ac changed n~m~s or address.sag b. were deleted ~rom the roster! Os were added to tho rn~ter. A directory of euhordinates may be substituted for thJl. s list if it i. ncludef the required ]nformat~.~n and ida.tlr'los the effected subordinates oocordL~ to the three categories above. For subordinates added to the roster, a letter signed by o,e at' your principal alii.nets containing or at tschtn~f s statement that the J.£ormation upon which your present group exemption latter is based applies to the new subordinatesI be a statement that each has given you written authorization to add Its name to'the rostori · list of those to which the Service previously issued rulings or determination letters rula~ln~ to exemption. Lr alSFltcable, a s~,atemo.~ that your group exemption rooter did not change during the year. AI4V£TS (Amrican Veterans oF World War ii) -~- ~'our District Director in bltiUore, i, at~d~ advised oF this action, #-rylando As Vary truly Ad Nuraber: 51262803 Publisher's Fee: $82.80 ~3~RY F. PARKER, CITY CLE ROOM 456, MUNICIPAL BUIL 215 CHURCH AVENUE, S.W. RO;~NOKE, VA 24011-1536 The Roanoke Times STATE of VIRGINIA CITY of RO~NOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 05/12/96 FULL RUN - Sunday Witness, this 13th day of May 1996 Authorized Signature Misc. Council, C.Mgr., C.Atty., DoF. - 12/11/95 KENNETH C. KING, IR. 8TEVEN L. HIGGS FREDERICK T SCHUBERT, II KING & HIGGS, P.C, Attorneys and Counselors at Law 30 FRANKLIN ROAD, SOUTHWEST SUITE 400 PROFESSIONAL ARTS BUILDING ROANOKE, VIRGINIA 24011 TELEPHONE (540) 985-0736 FACSIMILE (540) 98s-0742 December 7, 1995 MAILING ADDRESS POST OFFICE BOX 1784 ROANOKE, VIRGINIA 24008-1784 The Honorable Mayor and Members of Council of the City of Roanoke c/o Mary F. Parker, Clerk 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24016-1536 RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTIONS FROM TAXATION FOR AMVETS-POST #40, JOHN HARVEY MEMORIAL Dear Mayor and Members of Council: Please consider the Petition filed November 16, 1995 on behalf of AMVETS-Post #40, John Harvey Memorial, for the 1997 legislative session of the Virginia General Assembly. Pursuant to City Ordinance 30884-012892, we began the process of fulfilling the first condition of a request for determination from the Commissioner of Revenue by letter of June 13, 1995. Regrettably, the information from the Commissioner of Revenue necessary to fulfill that criteria was not received until after the 60 day limitation of Paragraph (e) of that ordinance. Accordingly, a deferral of the Petition to the next session of the General Assembly would be appropriate. Sincerely, KING & H~GGS. P.C. Kenneth C. King, Jr. For the Firm KCK/tgm c: Phillip F. Sparks, Director of Economic Development W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney The Honorable Marsha Compton Fielder, Commissioner of Revenue AMVETS-Post #40, John Harvey Memorial Our File No. 91012/4/7.3 KENNETH C. KING, JR. STEVEN L. HIGGS FREDERICK ~ SCHUBERT, II IflI G & IGGS, P.C, Attorneys and Counselors at Law 30 FRANKLIN ROAD, SOUTHWEST SUITE 400 PROFESSIONAL ARTS BUILDING ROANOKE, VIRGINIA 24011 TELEPHONE (540) 985-0736 FACSIMILE (540) 985-0742 November 16, 1995 MAILING ADDRESS POST OFFICE BOX 1784 ROANOKE, VIRGINIA 24008-I784 The Honorable Mayor and Members of Council of the City of Roanoke c/o Mary F. Parker, Clerk 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24016-1536 RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTIONS FROM TAXATION FOR AMVETS-POST #40, JOHN HARVEY MEMORIAL Dear Mayor and Members of Council: Enclosed please find a Petition for a Resolution Supporting the Exemption from Taxation for AMVETS-Post #40, John Harvey Memorial, for your consideration. If additional information is required, please do not hesitate to contact me. With best regards, I am Very truly yours, KING & HIGGS, P.C. Kenneth C. King, Jr. For the Firm KCK/tgm Enclosure c: AMVETS-Post #40, John Harvey Memorial (w/enclosure) Our File No. 91012/4/16.6 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR A RESOLUTION SUPPORTING THE EXEMPTION FROM TAXATION OF A CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a) (6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: 1. Your Petitioner, AMVETS-Post #40, John Harvey Memorial, a Virginia, non-stock, not for profit corporation, is the owner of certain real property located on the southeast corner of Tazewell Avenue and 9th Street, S.E., which property is more particularly described on Exhibit "A" attached hereto. 2. Your Petitioner desires to be an organization designated by a section within Article 4, §58.1-3650 e_~t seq. of the 1950 Code of Virginia, as amended, in order that the referenced real property used exclusively as a patriotic post home for AMVETS-Post #40, John Harvey Memorial, a local post for AMVETS (AMERICAN VETERANS OF WORLD WAR II, KOREA AND VIETNAM), be exempt from taxation under the provisions of Article X, § 6(a) (6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which your Petitioner is classified. 3. Your Petitioner respectfully requests that the Council of the City of Roanoke adopt a resolution in accordance with the requirements of §30-19.04 (B) of the 1950 Code of Virginia, as amended, after holding a public hearing with respect thereto where citizens shall have an opportunity to be heard in order that legislation involving the designation of property to be exempted from taxation pursuant to Article X, § 6(a) (6) of the Constitution of Virginia may be presented to the General Assembly of Virginia. In compliance with §30-19.04 (B) the following questions are submitted for consideration: Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A) Yes, on May 22, 1945, a group exemption was issued and under the 1954 Code, the organization is a 501(c) (4) exempt organization. Please see Exhibit "B" attached hereto. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property. (A) Yes, a beer "on premises" Patriotic Club License is in effect for the period July 1, 1995 through June 30, 1996. Whether any director or officer of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director or officer actually renders. (A) No. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in kind or other material services. (A) No part of the net earnings of your Petitioner inures to the benefit of any individual and no significant portion of the service provided by your Petitioner is generated by local, state or federal grants. Your Petitioner provides services primarily through the generation of donations and contributions. 5. Whether the organization provides services for the common good of the public. (A) Yes. In the last 24 months, your Petitioner has donated over $29,000.00 to veterans' care and community welfare. This assistance has been both in cash and in kind in the form of assisting fire and flood victims, donating wheelchairs and beds to the Veterans Administration Hospital in Salem, Virginia, Christmas food baskets for the needy of Roanoke, ward parties at the Veterans Administration Hospital in Salem, Virginia, and as a sponsor of the yearly patients' carnival at the Veterans Administration Hospital in Salem, Virginia. (B) Your Petitioner also donates the Post meeting rooms to the Purple Heart Association and to community wedding receptions. (c) AMVETS-Post #40 is one of over 1,300 Posts nationwide serving the community in many ways, including: i. Supporting a group awareness program entitled A.A.D.A.A. (AMVETS Against Drug/Alcohol Abuse). ii. Awarding more than $40,000.00 in scholarships to children of America's war veterans. iii. "Operation Driver Excellence,, which stresses traffic safety through a series of nationwide competitive driving events with the winners of the National Competition receiving $25,000.00 in prizes and scholarships. iv. Blood donor programs, bicycle safety programs, and get-out-the vote programs. v. PromotingAmericanism through essay contests in schools. (D) Encouraging participation of every family member in its programs, including: i. AMVETS Auxiliary, assisting AMVETS in their programs and initiating civic programs of their o~Frl. ii. Sons of AMVETS, a subsidiary for adult non- veteran sons and grandsons of Al{VETS members. iii. Junior AMVETS, special group of sons and daughters of AMVETS from 7 to 17 years old assisting in volunteer services and youth programs. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A) Your Petitioner is not involved in propaganda, influencing legislation or any political campaign on behalf of any candidate for public office. No rule, regulation, policy, or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A) No rule, regulation, policy or practice of your Petitioner discriminates on the basis of religious conviction, race, color, sex or national origin. The revenue impact to the locality and its taxpayers of exempting the property. (A) No significant impact is anticipated as a result of the exemption. Any other criteria, facts and governing body deems pertinent resolution. circumstances which the to the adoption of such (A) AMVETS-Post #40 is a patriotic, community developing organization of citizen solders whose personal commitment to our welfare, peace and the privileges of citizenship has been proven on the field of battle in three wars. (8) the years exceeds WHEREFORE, your Petitioner Memorial, respectfully requests AMVETS-Post #40 has been an active contributor in our community since 1980, when it was organized. It's commitment through its several programs over $100,000.00. AMVETS-Post #40, John Harvey to the Council of the City of Roanoke (1) that a resolution be adopted pursuant to §30-19.04 of the Code of Virginia stating the provisions of subsection B of that Code section have been examined and considered in conjunction with 4 this petition seeking the designation of property to be exempted from taxation pursuant to Article X, §6(a) (6) of the Constitution of Virginia at a public hearing at which citizens have had an opportunity to be heard and (2) that a recommendation be made to the General Assembly of Virginia that the real and personal property of your Petitioner be designated by a Section within Article IV, §48.1-3650 et seq. exempting the real and personal property of your Petitioner from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of as a patriotic post home for AMVETS-Post #40, John Harvey Memorial, a local post for AMVETS (AMERICAN VETERANS OF WORLD WAR II, KOREA AND VIETNAM). Respectfully submitted, AMVETS-Post #40, John Harvey Memorial By: ~ Tts Comm~nder KING & HIGGS, P.C. Kenneth C. King, Jr. Post Office Box 1784 Roanoke, Virginia 24008-1784 (540) 985-0736 Counsel for AMVETS-Post #40, John Harvey Memorial CITY OF ROANOKE, STATE OF VIRGINIA, TO-WIT: PARCEL I BEGINNING at the S.E. corner to Tazewell Ave., and Belmont Boulevard; thence with Belmont Boulevard in a southerly direction 130 feet to an alley; thence with said alley in an easterly direction 40 feet to a point on same; thence in a northerly direction 130 feet to Tazewell Avenue; thence with Tazewell Avenue in a westerly direction 40 feet to Belmont Boulevard, the place of BEGINNING, and known as Lot 1, Section 4 map of the Belmont Land Company. , PARCEL II NEW Lot 5-A as shown on plat dated March 13, 1992, prepared by Jack G. Bess, Certified Land Surveyor, showing the resubdivision and combination of property belonging to Jackle L. Fuller and Iris N. Fuller, being original Lots 2, 3, and 4 and part of Lot 5, Block 4, Map of Belmont and creating New Lot 5-A (0.454 Acres) and recorded in the Clerk's Office of the Circuit Court for Roanoke City, Virginia, in Map Book 1, page 1123. AHVET$ (American Veterans ¥orld Mar IZ) /d~VETS National Headquarters 664? Forbes Boulevard [.asham, ~ryland 20706 o1' Ye have considered your application bo modify your group exemption off Hay 22, 1955, to the extent of holding six additional categories of your subordinate or an A~-~S' t SI__.~I SOUll~eCloneI Junior ' ANV~T$ Department Con~entlon Corporations, Auxilleriees A~S Sad Sacks, a~d A~ETS Sacketten~ exempt ffrom Federal Ancome tax as or~an[Batioms described [~ ~Ol(c){~) off the Z~ternal ~even~e Code of Zn our ruling dated Hay 22, 1965, addressed to you under your Former names American Veterans et that r t;oP~:te appearing on ii i d exempt from Federal income tax under the provisions of section 101(8) of the Znter.al Re.enue Code of 1939, now emotion 501(c)(b) of the Znterna] Revenue Code of 195~. On February 1~, 1~$, we issued ~ou, u~dlr your present name, a rullne by refers.ce our fulls- -~ - __ _ ? ch incorporated subordinate depertment~ Udl:2[-g~s Zg?~, end. which held your on the lief, eubmitted exempt under section 101 1939 Code, nov ( ~ oF tbs section ~01(c)(b) of the 195~ Code. On the basis of information that you have supplied periodically, the lists of pos,es departments, districts and councils have been brought up to'date and we have issued eupplementa]y rulings holding thooe current subordinates exempt. Baaed on the information supplied, ~e rule that your subordinate AHVET Department Service Foundations, JUnior A~VEPS, A~ETS Department Convention Corporations, A~S Auxll~aries~ A~ Sad ~aoke, and A~ Sacks,tea named [n the group exemption roster you submitted are exempt from Federal ~ncome tax under section ~Ol(c)(~) o~ the (American Veterans of' World Nar l:l:) -~- Internal Revenue Code. Contributions to them are deductible aa provided in section 170 of tho Code. To the extent that this ruling ia inconsistent with them, it modifies our rulings issued to you on Nay 22, 1965, and on February 15, l~ie ruling does not extend to any subordinate unit which has previously recelveda ruling or deterettnatlon letter holding it not exempt. Its qualifications to bo included in this group ruling mutt be separately established. This ruling doss not extend to any subordinate unit which hie previously received an individual ruling or determination letter holding it exempt under a subsection of the Code other than section 501(c)(~) or its predecoslore, The subordinates are not required to fils a Form 1120 income tax return. Tho subordinates are required to file an annual information return, Form 990. If you do not include tho subordinates in e group return, each must file this return by the 15th day of the fifth montb after its annual accounting period sleets. Each of the subordinates lo liable for taxes imposed under the Fedora! Insurenoe Contributions Act (social security taxes), and for the tax imposed under the Federal Unemployment Tax Asr if it has four or more individuals in its employ. Any questions concerning excise, employment, or other Federal taxes should be submitted to your District Director. YOU should advise sash of the subordinates of the provisions of this ruling, including the requirement for filing information or other returnu, This ruling supersedes and terminates the individual rulings of exemption iff their individual nameo which were leluod LO tho followitiC [iaL(.I .~(il~4)rd l.aLi, ,,rE,~.lz,,~l,l,,tial Amvete National Service Foundation, Washington, D, C., and Amvete Servlce Foundation, Springfield, Illinois. You should, therefore, advise them accordingly. (American Veterans of ¥orld War Each year. within b~ days after your annual aooomt~lug period closes, please send u9 two copies of' the followln~ lnfnrmation about your subordtoates. A statement desoribi,,g any changes durlng the Fear in the [.Itl.c/see. cbaracte.', or method of operatic, of your subordinates. ~ list of the names, mailing addressees including .ZIP Codes, end employer identification number (if required for group exemption letter i~rposes) of subordi.ates on your group exem~tion roster khat during the yeart a. ehenged nam(~s or addressees{ h. were deleted i~om th~ roster{ ¢. were added to the rost~r. A directory of sulked,line{es may be substituted for this list if it includes the required informatio~ and ida.tlr'les the .ffected subordl.ates according to the thgee categories mi)eve. For subordinates ~d¢lsd to the roster, a letter signed by one of your principal officers containing or attschtng~ a statement that the tn£ormation upon which your {,resent croul~ exemption letter is based applies to the .aw subordinates{ b. a statemen~ that each has given you Wl'lt:te.i auLl,orizatlon ~o add lis name to: the rosiest{ a lib~ o£ those to which the Service previo,isly issued rulings or determination letters r,,la~in{I to exemi,tLon. If ap{,licable, a st.a~emen~ that your group e~emption roster did not change duri.g the year. ~I4VE?~ (American Veter.n. o~ ¥orld ¥&r ZZ) Your DS.trier Director in l~ltl~ore, ~qaryland~ le i,et~ &dvised or thL. action. Mary F. Parker, CMC/AAE City Clerk Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 22, 1996 W. Robert Herbert City Manager Roanoke, Virginia Gentlemen: Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia At a regular meeting of the Council of the City of Roanoke held on Monday, May 20, 1996, Pamela Wagner, Director of Development, Art Museum of Westem Virginia, requested that the Art Museum be exempt from payment of the license tax for the Sidewalk Art Show. On motion, duly seconded and adopted, the matter was referred to you for the purpose of negotiating the terms and conditions of an agreement. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Pamela Wagner, Director of Development, Art Museum of Western Virginia, Center In The Square, One Market Square, Second Floor, Roanoke, Virginia 24011 William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation/Grounds Maintenance